Lanlord increasing rent 8.9% with only 32 days notice
My landlord has been trying to price us out, I think. We've been here in Bushwick for 6 years as of August 1st. Two of us, a couple, and we initially had a roommate as our 3rd when we first moved in. Had a lease for first 2 years but been month to month since I suppose as we never did the paperwork again.
At some point a few years agk the landlord started telling us rent goes up Dec. 1, which was odd since we moved in in August and why not January 1? Why right before the holidays? But whatever, we dealt. It tended to be $50 increase each time.
The place has gone into disrepair with a broken water heater this Feb flooding one of our rooms ruining things and leaving us without heat for a week. He gave us a slight discount on rent. The fridge broke during summer for a couple days ruining groceries, but he eventually fixed it. Basically the place has been losing value as a living space while the price goes up.
He has lately been very annoyed reminding us that our rent is well below the rising average of the neighborhood, though those places are all fixed up new.
So on Monday he texts us that this time, on Dec. 1 rent will rise $200 from $2230/mo to $2430/mo. My understanding is new laws say that even without a lease, if we have lived in a place 2+ years he can't raise rent more than 5% without 90 days written notice. This would be an 8.9% increase.
But to be honest we're scared to say so or push back. He's been increasingly nasty in interactions this year and constantly harps on how much lower our rent is than others, and we fear him pushing us our or making our lives hard. At first we tried to haggle just a little and suggested $2400 even as a number we said would be easier to remember, half jokingly. He replied "Would $2450 be easier to remember instead?"
I'm scared and don't know what to do if there's anything I can do. I know I'm paying below the average but we're paycheck to paycheck so we're not trying to screw the guy...any advice?
Edit: the relevant new rules that I'm afraid of blowback if I call him on:
Changes in New York State Rent Law https://ag.ny.gov/sites/default/files/changes-in-nys-rent-law.pdf
##Better Notice of Rent Increases and Lease Non-Renewals
• If you live in an apartment that is not rent stabilized or controlled, there is still no limit on how much your landlord can increase your rent. However, your landlord must give you advanced written notice before they can raise your rent 5% or more.
• If your landlord decides not to renew your lease, they must also give you advance written notice. This applies to month-to-month tenants without a lease as well.
› If you have lived in your apartment two years or more, or if you have a two-year lease, your landlord must provide you with 90 days advance written notice before raising your rent or not renewing your lease.
› If you have lived in your apartment for more than one year, but less than two years, your landlord must provide you with 60 days advance notice before raising your rent or not renewing your lease.
› If you have lived in your apartment for less than one year, or have a lease for less than one year, your landlord must provide you with 30 days advance notice before raising your rent or not renewing your lease.
If your landlord does not provide you with the required written notice, you have the right to remain in the apartment at your current rent until you are given the written notice and the time period that applies to you of 90, 60, or 30 days, expire
Posted Nov 1, 2023, 3:55 PM UTC