My Life In Hell

Posted by my life in hell at 9:16 AM 0 comments
Wednesday, September 15, 2010
My Life In Hell
The laws intended to protect tenants. renters, rent control/ rent stabilization don't in fact work. There are several versions of the rent control/ rent stabilization laws. In 1946 the New York City Legislature enacted a statute which, to the present date, continues to strike fear in the hearts of thousands of property owners.
Known as "Rent Control", the law was initiated in response to a "serious public emergency...created by war, the effects of war and the aftermath of hostilities..." It was felt that unless residential rents and evictions were regulated, "disruptive practices and abnormal conditions will produce serious threats to the public health, safety and general welfare..."
On and after May 1, 1962, rent control of residential units in the City of New York became effective upon the enactment of the New York City Rent and Rehabilitation Law (NYCRRL) #26401. et. seq., of the administrative code.
Rent control applies to buildings of three or more units constructed before February 1947. In municipalities that have not declared an end to the post war rental housing emergency. Rent control is still in effect for now in the five boroughs of N.Y.C and in parts of Albany, Erie, Monroe, Nassau, Schenectady, Oneida, Onodaga, Rensselaer and Westchester counties In order for an apartment to be under rent control the tenant must have been living there continuously since before July 1, 1971. Tenants who did not reside in their units prior to July 1, 1971 are not covered by the statute. When a rent controlled apartment is vacated in N.Y.C or most other .localities, it becomes rent stabilized or completely removed from regulation. It was the position of our legislators that those owners of housing units excluded from "Rent Control"(because they were constructed after February 1, 1947 or decontrolled" for other reasons') were demanding exorbitant and unconscionable rent increases...which led to a continuing restriction of available housing...uprooting long-time city residents from their communities..." Their response to this emergency was to enact the New York City Rent Stabilization Law of 1969(NYCRRL). The protections afforded tenants pursuant to both the Rent Stabilization Law and the Rent Stabilization Code are available to New York City residents if they lease apartments within buildings constructed between February !,1947 and January 1, 1974, containing six or more units. Generally in N.Y.C apartments are under rent stabilization between Feb.1, 1947 and Dec. 31, 1973. Tenants in buildings built before Feb. 1, 1947 who moved in after June 30, 1971 is also covered by rent stabilization. As with Rent Control, the Rent Stabilization Law was enacted in response to what was perceived as a serious public emergency,” It was felt that unless residential rents and evictions (were) regulated and controlled, disruptive practices and abnormal conditions (would) produce serious threats to the public health, safety and welfare..." The statute was further reasoned to be necessary to prevent the "enactments of unjust, unreasonable and oppressive rents and rental agreements..." The protections afforded our citizens by rent stabilization are available outside of the N.Y.C environs and are encompassed within the Emergency Tenant Protection Act of 1974 (hereinafter ETPA). Fourteen municipalities are or were subject to the provisions of the ETPA. The Rent Stabilization Code (hereinafter RSC or code) was adopted to carry out the intent of the "rent Stabilization Law". The code has been through several configurations, with its most recent incarnation having become effective on May 1, 1987. Of initial relevance to this presentation is #2525.5 code; commonly known as the "Harassment" section. This provision makes it unlawful for any person to engage in any course of conduct which interferes with, or disturbs the privacy, comfort, repose or quiet enjoyment of the tenant... or is intended to cause the tenant to vacate such housing accommodation. There is more, but not absolutely necessary at this time. A third category of rent stabilized apartments covers buildings with three or more apartments constructed or extensively renovated on or after Jan.1, 1974 with special tax benefits (as was the situation in my case). Outside N.Y.C, rent stabilized apartments are generally found in buildings with six or more apartments that were built before Jan. 1, 1974. Any building that was built before 1947 and under goes substantial rehabilitation/ renovations loses its rent control/ rent stabilization status. When that rat bastard lesser decided to convert I went into tenant hell; actually I've always been in tenant hell, it's more like tenant legal limbo, because I don't know what my status is, what my rights are. Am I still considered a tenant? Former State senator Joe Bruno now in prison on corruption charges I believe, is responsible for eroding our rent control/ rent stabilization laws; because once a tenant moves out the apartment becomes decontrolled/destabilized. So any apartment with a monthly rent of $2000 or more per month becomes deregulated when it becomes vacant. Also occupied apartments maybe deregulated when the legal regulated rent for the apartment reaches $2000 or more thanks to Joe Bruno. Every thing is predicated on making money.