Legal Question in Real Estate Law in New York
rent increase
I have been living in my current apt for 12 years. I have had few rent increases. However my landlord has raised my rent from $ 585.00 plus utilities up to 750.00 plus utilities with 30 days notice of the increase.. I called my town for info on the legality of this huge increase. THey told me there isn't rent control in my town, Huntington New York. I also just found out that my apt has been illegal for 12 years and my landlord is making it a legal residence. Is this rent increase legal? What can I do legally?
Thank you for your assistance.
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1 Answer from Attorneys
Re: rent increase
You appear to be (somewhat) stuck. The apartment can be rented for anything the landlord can negotiate and, if he refuses to accept the rent you offer, he can commence a "holdover" proceeding to have you evicted. Presuming he serves papers properly and brings proof of ownership, the Court will grant a judgment of possession and issue a warrant of eviction. The Court has the authority to stay actual eviction up to 6 months by directing payment of the fair value of your use and occupancy. This is often the last agreed rent but issues of habitability, including the illegality may weigh into the calculation. In NYC the landlord of an illegal apt. would be barred from seeking rent. No such rule exists in Nassau or Suffolk. If you need a better timeframe or other info, I can be reached at 516-780-0270.
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