Rent Controlled Apartment in NYC

[mathjak107]

unfourtunetly thats not how things work , the way it works is the tenant must call the landlord to make the repair regardless of why it broke....

if the landlord is un-responsive then the tenant cant just fix it. he technically needs the court to okay it first...thats the rub here....the un-ethical landlord waits for the tenant to do something on his own without the court okay and then drops a bomb on him for doing so....


they cant fix it and then complain later during the eviction attempt that they did it because the landlord was un-responsive.... its to late at that point.

the housing court judges said un-authorized replacements of faucettes and lighting fixtures are the most common articles used in these eviction preecedings...they are quick and easy to do and most tenants do them but they dont realize they are also the most common way of evicting tenants at will also for these un-ethical landlords because they are within the law to do so.....

[modsquad81]

Originally Posted by mathjak107

unfourtunetly thats not how things work , the way it works is the tenant must call the landlord to make the repair regardless of why it broke....

if the landlord is un-responsive then the tenant cant just fix it. he technically needs the court to okay it first...thats the rub here....the un-ethical landlord waits for the tenant to do something on his own without the court okay and then drops a bomb on him for doing so....


they cant fix it and then complain later during the eviction attempt that they did it because the landlord was un-responsive.... its to late at that point.

the housing court judges said un-authorized replacements of faucettes and lighting fixtures are the most common articles used in these eviction preecedings...they are quick and easy to do and most tenants do them but they dont realize they are also the most common way of evicting tenants at will also for these un-ethical landlords because they are within the law to do so.....

You've got to be kidding. The Blumberg lease form is not an obscure piece of paper, second only to the REBNY lease for apartments in NYC. The repair clause states that the Tenant is wholly responsible for all the equipment and fixtures in the apartment and is responsible for repairs and replacement thereof. Where does it say that the LL has to give permission to repair and/or replace something that the tenant has broken/abused or exercising the loophole simply replaced out of shear ugliness, (sorry, the rusted chandelier fell apart, Mr. landlord)
I will add that the "alteration clause in the Blumberg state that LL permission is needed for the following:
paneling
flooring
built in decorations
partitions
railings
making alterations
painting or wallpapering

No where does it say that permission is needed to repair or replace fixtures.
Explain to me how a LL can bring suit for eviction over the changing of a light fixture or plumbing fixture when fixtures are covered in the repair clause where no permission is needed?

they cant fix it and then complain later during the eviction attempt that they did it because the landlord was un-responsive.... its to late at that point.

Explain to me also what housing court judge in any of the boros evicts a tenant for doing the above alterations (permission needed or not) without first staying the warrant in order for the tenant to correct the alleged abomination? Victorfox would probably quit his job in the Bronx and move to that jurisdiction.

[mathjak107]

Sorry again my friend..the blumberg lease form is not what we are refering to... that form can be different from nyc rent stabilization and rent control guidelines.

in my own rentals i have the tenants responsible for the first 50 bucks of all repairs and in exchnge they get a 25.00 buck rebate a month for paying the rent by the 5th of the month and having a co-pay of 50.00 bucks if a repair is needed.. i can do that if its not rent regulated.

heres the nyc rental laws for rent stabilized and rent controlled apartments. its very different rules.


the landlord can charge the tenant if its their fault but the landlord retains the rights for the repairs
if the landlord isnt responsive then the tenant can make simple repairs on their own.

the big grey area here is the word repair vs modification or improvement. since tenants dont merely replace whats there already but rather what they like in fixtures or faucettes the courts have had to uphold these arent repairs but un-authorized modifications,...

you can argue all you want but we already heard from multiple judges this is true.....

NYC Rent Guidelines Board

[victorfox]

Originally Posted by mathjak107

Sorry again my friend..the blumberg lease form is not what we are refering to... that form can be different from nyc rent stabilization and rent control guidelines.

in my own rentals i have the tenants responsible for the first 50 bucks of all repairs and in exchnge they get a 25.00 buck rebate a month for paying the rent by the 5th of the month and having a co-pay of 50.00 bucks if a repair is needed.. i can do that if its not rent regulated.

heres the nyc rental laws for rent stabilized and rent controlled apartments. its very different rules.


the landlord can charge the tenant if its their fault but the landlord retains the rights for the repairs
if the landlord isnt responsive then the tenant can make simple repairs on their own.

the big grey area here is the word repair vs modification or improvement. since tenants dont merely replace whats there already but rather what they like in fixtures or faucettes the courts have had to uphold these arent repairs but un-authorized modifications,...

you can argue all you want but we already heard from multiple judges this is true.....

NYC Rent Guidelines Board

Great post Mathjak! It's there in black and white. Can't deny it. I think that should shut Modsquad's mouth for a bit until he tries to come up with another angle to justify his cause. Or he will try to interpret the law into his own favor...lol.

[mathjak107]

in his defense these laws are sooooo rough to figure out... they are never exactley spelled out and can be construed to mean something very different from what it started life as.

he is right about the blumburg lease but thats different from nyc laws for stabilization....

the problem is these laws can be twisted and turned.... if it wasnt for the fact i was privey thru my son to the judges themselves complaining about having to evict and up-hold these ridiculious lighting fixture modifications i would never have even equated that fixture change to be a "modification" subject to eviction......

but i guess if ignorence of the law was no excuse we wouldnt need lawyers then right?