Please help - I think my landlord is trying to push us out
Hey folks,
I am in some desperate need for some help and advice. I am 99% sure that our landlord/management company is trying to push us out. And, I mean the whole brownstone, not just my roommate and I. (There are only three apartments, ten tenants in the whole building.) Each of us has inhabited our apartments for about 4-5 years, and we all have a really low rent. They could probably get double for what we're all paying. So, inevitably, I think we're being pushed out. Here's why:
1.) A few weeks ago we get a notice of a past due bill for the water. Our landlord hasn't paid it since January. The total? Over $4000.
2.) Then we get a bill saying our landlord hasn't paid the electric bill and our electricity in our hallways is in danger of being shut off. (It's still on, but I'm assuming only a matter of time before it's shut off)
3.) Finally, this past weekend, we got a notice that our landlord has not paid the heat bill, and it will be shut off on March 30th. Thank God that by then, it'll be warm enough to live without heat - except for at night. This kinda scares me...
So, some of my concerns/questions to you all:
1.) Do we (the tenants) need to hire a lawyer?
2.) What in the hell can we do if our water is shut off?
3.) Does having our basic living nesecities of heat and water being shut off by lack of payment by the landlord violate any laws?
4.) Does anybody have any idea how long this could possibly drag out for? I mean, should I start looking for a new place now?
5.) Has anyone had any similar experiences?
Please post or PM me if you can help. I am panicked. I don't know where I'll go if our water is shut off. Please help.
I am in some desperate need for some help and advice. I am 99% sure that our landlord/management company is trying to push us out. And, I mean the whole brownstone, not just my roommate and I. (There are only three apartments, ten tenants in the whole building.) Each of us has inhabited our apartments for about 4-5 years, and we all have a really low rent. They could probably get double for what we're all paying. So, inevitably, I think we're being pushed out. Here's why:
1.) A few weeks ago we get a notice of a past due bill for the water. Our landlord hasn't paid it since January. The total? Over $4000.
2.) Then we get a bill saying our landlord hasn't paid the electric bill and our electricity in our hallways is in danger of being shut off. (It's still on, but I'm assuming only a matter of time before it's shut off)
3.) Finally, this past weekend, we got a notice that our landlord has not paid the heat bill, and it will be shut off on March 30th. Thank God that by then, it'll be warm enough to live without heat - except for at night. This kinda scares me...
So, some of my concerns/questions to you all:
1.) Do we (the tenants) need to hire a lawyer?
2.) What in the hell can we do if our water is shut off?
3.) Does having our basic living nesecities of heat and water being shut off by lack of payment by the landlord violate any laws?
4.) Does anybody have any idea how long this could possibly drag out for? I mean, should I start looking for a new place now?
5.) Has anyone had any similar experiences?
Please post or PM me if you can help. I am panicked. I don't know where I'll go if our water is shut off. Please help.
Comments
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This doesn't sound to me like the LL is trying to push you out but rather that they are either in financial trouble or have abandoned the place. Are you able to contact them and speak to someone? Are your rent checks being cashed?
If a LL wants to force you out he's not going to do it by stopping payment on all the bills. It takes a very long time for electricity, heat, and water to get shut off. A $4000 water bill takes a couple of years to accumulate for a 3 unit building unless you have lots of leaky plumbing. If they really wanted you out they would simply not renew your lease when it expires.
I recommend you call the LL/manager right away and tell them that you got these notices. If you cannot contact them and essential services are shut off, you have a right to withold a portion of rent. However, I would recommend contacting a lawyer about this first as it needs to be done properly.
There are also provisions that allow you and the other tenants to pay these bills so that the services stay on. You would be able to deduct any payments from your rent but, once again, speak to a lawyer about the way to go about this.
Good luck, this sounds like a crappy situations, I hope it gets fixed quickly. -
This happened to us on a regular basis for 5 years with my old landlord, just because he never paid his bills until he got turn-off notices. It's probably not personal.
You, or a group of you tenants can pay the bills and then deduct the amount from your rent. If you don't want to do this, I would contact a lawyer. We also would call our landlord first before paying and he always ponied up at the last minute. Sucks to live that way, though, very stressful. :? -
If he wanted to push you out he'd simply evict you. Judging by the amount of apartments in your brownstone it doesn't sound like you're protected under stabilization, unless of course the building is an illegal conversion. Call the landlord, explain to him/her what is going on and see if the problem can't be solved in a non judicial way. If I understand NYC law correctly your heat cannot be turned off until June 1st. If the landlord fails to pay then the tenants can pay the bills themsselves and knock off the amount from the rent due. make copies of the notices and checks in case there is a legal action brought on you by the landlords.
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Check out http://www.tenant.net. This is a really useful site, and it's NYC-centric.
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This happened to a friend of mine. Not personal, sheer laziness on the landlords part. The only problem with the heat being turned off (even though it will be warmer soon) is that also means no hot water. She had to boil hers for a few months. Go with EmilyM's suggestion and start checking out your rights. I'm quite sure that if certain manditory ammenities aren't provided you can hold your rent until they are restored...
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If you call 311 one of the first options they give you is if your heat or hot water is off... I believe that option will connect you to the Dept. Of Buildings. Definitely call your landlord first, a housing rights lawyer second, and document everything.
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Thanks everyone for your suggestions. I just don't want to see the day when I have a matter of days to pack up my stuff and find a new apartment. I want to be as prepared as possible. Plus, not having water, electricity in our hallways and foyer, etc. is going to be such a pain in the ass.
I'll keep you all updated on what happens. -
Just to clarify.. I think theres a slight disconnect here.
The June 1st date mentioned above means that the landlord has to provide heat (or keep the indoor temperature within a higher range) up until then, when that range drops down. It doesn't mean that the oil/gas co (whoever) can't shut off the heat. It just means that its his problem, not yours!
Good luck... -
I thought Keyspan wasn't allowed to shut off gas service to boilers during the winter. Isn't that law?
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your landlord sounds like the old owners of my building they owe like tens of thousands of dollars in bills to everyone and fines. I'm paying the fines now since i'm the new owner.
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There's already been some good advice here. I'd also suggest making copies of all the written notices you've gotten in the mail about the various bills in case you end up handing the originals over to the landlord, and if your landlord doesn't return your calls, you might want to talk with the other tenants about whether anyone is comfortable going public with your situation. There are often reports on situations like this on NY1 and Fox 5; sometimes public embarassment is what it takes to get a landlord moving on this kind of thing, although it's likely that reporters won't really take notice until one or more services have actually been shut off.
Here's the contact page for Fox 5's investigative team:
http://www.fox5ny.com/_ezpost/data/12313.shtml
And NY1.com is not loading for me right now, but I bet you can poke around their website and find contact info.
Finally, you might want to contact the various utility companies to make sure they have a correct address for your landlord, since the bills should be going to him/her/them instead of your building.
Whatever you decide to do, good luck! -
The notices that come to the building are for the tenants, to let them know what's going on.
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I strongly recommend calling 311. Withholding rent is an option but there are very strict guidelines you have to follow for it to be legal so if you're going to go that route, I'd hire a lawyer.
From 2003-05 we had a really lazy landlord that owned our house in Williamsburg. He wouldn't make the repairs on dangerous situations like our roof caving in. Finally we just called 311. Within a few days the landlord fixed the roof because the city contacted him and threatened fines.
As lazy as landlords are, they hate spending money more than they hate being responsible. In other words, they'll pay up if they're being threatened with fines. -
Boygabriel makes a good point - do not withhold rent unless you specifically open a special bank account (escrow account) and make sure the deposits go in on the same day you would pay your rent.
Also you should check out South Brooklyn Legal's site for some great info and references
http://www.sbls.org/housing.htm -
stacey wrote: Boygabriel makes a good point - do not withhold rent unless you specifically open a special bank account (escrow account) and make sure the deposits go in on the same day you would pay your rent.
Even if you open an escrow account, there are still specific circumstances that must be met for withholding rent to be legal.
When we were having our problems in Williamsburg we have a free consultation with a lawyer who advised us to withhold rent only as a last resort. -
intresting nytimes article maybe this way you could get the landlord to fix up the place and pay them bills
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Banks Press Landlords on Repairs
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By JANNY SCOTT
Published: April 7, 2006
A coalition of housing advocacy groups and two large banks that hold mortgages on hundreds of apartment buildings in New York City announced an unusual agreement yesterday under which they will use the banks' leverage as lenders to pressure landlords into repairing dilapidated buildings.
The agreement between the coalition, Housing Here and Now, and the banks, Citigroup and New York Community Bank, represents a new weapon against landlords reluctant to make repairs. Housing advocates hope to use this tool not simply to fix leaks and crumbling plaster, but also to shore up low-income neighborhoods and make them less vulnerable to gentrification.
The loan portfolios of New York Community Bank and Citigroup together include more than 900 buildings and 66,000 units, according to Housing Here and Now. New York Community Bank, which holds the loans on a majority of those buildings, describes itself as the largest producer of multifamily loans in New York City and operates a network of branches including Queens County Savings Bank and Roslyn Savings Bank.
Under the agreement, a bank that receives an application for a mortgage on an apartment building must first evaluate the owner's and the building's track record. Using the records of the city's Department of Housing Preservation and Development and those of Housing Here and Now, the bank will consider past housing code violations, emergency repair liens and litigation.
The bank would then require that run-down conditions and violations be fixed before closing on the sale. New York Community Bank agreed to hold repair money in escrow for release when repairs are done. The banks are also to inspect buildings annually; those considered severely distressed are to be given a repair plan and timetable for completion.
While in theory a bank has the power to foreclose on a building whose owner has repeatedly failed to make repairs, bank officials said such a step is unusual. Under the new agreement, banks are more likely to use the threat of withholding a loan, rather than the threat of foreclosure, to pressure landlords into properly maintaining their properties.
Representatives of about 18 other banks doing business in the city met on Wednesday with Citigroup and New York Community Bank officials, as well as city and state housing and banking officials, to discuss the agreement.
Diana L. Taylor, the state superintendent of banks, has written to banks throughout New York encouraging them to adopt similar practices voluntarily.
"This is a big deal," Alan G. Hevesi, the New York State comptroller, said at a news conference yesterday organized by Housing Here and Now to announce the agreement. "This is serious and historic. It's an agreement that brings the banks in as partners in maximizing the potential for landlords to clean up buildings."
Mr. Hevesi added, "This is serious mostly for tens of thousands of tenants in the city who have not been able to get landlords to respond to the problems that they live with every single day."
In a hot real estate market like New York's, with the price of land rising, housing advocates say some landlords feel little pressure to maintain their buildings.
If tenants leave, the owner is free to sell. "If you're a landlord, you don't need to preserve your collateral," said Jonathan Rosen, a spokesman for Housing Here and Now. "You just flip it on the land prices alone."
The agreement is the product of a campaign that began last summer, when Housing Here and Now released a list of what it described as the city's 10 worst landlords. When some of the owners continued to fail to make repairs, even after the city had cracked down, the coalition turned its attention to the banks that had financed the purchase of the buildings.
In January, the group reported that its own analysis of city housing code violations turned up problems in more than 600 multifamily buildings on which New York Community Bank held the mortgage. The group vowed to block the bank's planned acquisition of another bank, Atlantic Bank of New York, which was under federal review at the time, until it required its clients to repair their buildings.
The coalition accused New York Community Bank of failing to meet its obligations under the Community Reinvestment Act, which requires that banks meet the credit needs of their communities  including, advocates say, by doing business in a way that strengthens community ties. A bank's compliance with the act can be reviewed when the bank is planning an acquisition.
The coalition enlisted the help of Christine C. Quinn, the City Council speaker, who wrote a letter to the bank's president in February saying she was considering asking the state's Banking Department to hold public hearings and delay the merger "until the issue of poor building conditions is satisfactorily resolved."
Julie Miles, the director of Housing Here and Now, said yesterday, "We've withdrawn our objection to the merger." -
I would suggest getting in touch with the Tenants Rights project at Columbia Law School. They can provide you with free legal advice.
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