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Frequently Asked Questions

 

faq

 

 

·         How often do rent stabilized apartment have to be painted?

·         What are the Rent Guides Percentages for this year?

·         Can my landlord charge me for a washing machine that I have in my apartment?

·         What is a DRIE program?

·         How can I apply for DRIE?

·         I have repair issues in my apartment and my landlord refuses to fix them, what are my options?

·         I moved out, landlord doesn’t want to give me back security deposit, what should I do?

·         I live in apartment for 15 years, I never received interest on my security deposit, what should I do?

·         My landlord is asking me to pay more towards my security deposit, can he do that?

·         I live in a private house, what are my rights?

·         I had a fire in my apartment due to electrical wiring, a lot of my belongings got damaged, is the landlord responsible for the damages?

·         How can I find out if my apartment is rent regulated?

·         Can I use my Security Deposit for my last month rent?

·         I was offered low income housing but my lease will expire in 6 (six) months.  Is it okay for me to break my lease in the middle of the term?

 

 

 

 

 

How often do rent stabilized apartment have to be painted?

If you live in a rent stabilized apartment them by law your landlord has to paint your apartment every 3 years.

 

What are the Rent Guides Percentage for this year?

The Rent Guidelines for the leases starting between 10/01/07 to 9/30/08:

One-year renewal lease beginning on or after October 1--- 3.00%

Two-year renewal lease beginning on or after October 1--- 5.75%

 

Can my landlord charge me for a washing machine that I have in my apartment?

Yes, the new law states that if you have a washing machine or a dishwasher in your apartment the landlord may charge you “Appliance Surcharges” witch are:

$13.62 – washing machine.

$3.77 – dishwasher.

 

What is a DRIE program?

DRIE program stands for Disability Rent Increase Exemption. To qualify for DRIE, you must:

1.     Live in a rent regulated apartment,

2.     Be named on the lease;

3.     Receive eligible state or federal disability-related financial assistance;

4.     Meet the program’s income eligibility requirements;

5.     Pay more than one-third of their household income in rent.

If you need assistance please call our office (718) 435-7585 or 311

To contact Mayor’s Office for People with Disabilities.

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How can I apply for DRIE?

To apply for DRIE you can call our office at (718) 435-7585 or you can call Mayor’s Office for People with Disabilities at (212) 788-2830

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I have repair issues in my apartment and my landlord refuses to fix them, what are my options?

The first thing you should do is write a letter to your landlord (LL) and send it out Return Receipt Requested (RRR), after you’ve done that you should wait at least 10 days for your LL to respond. If your LL does not respond you’ll be able to file for a rent reduction or take him/her to housing court, for further assistance please call our office at (718) 435-7585.

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I moved out, landlord doesn’t want to give me back security deposit, what should I do?

By law the Landlord can hold you Security Deposit if you broke the lease or you’ve done damages to the apartment. If you did not do the above then Landlord must return your Security Deposit within 3 month after you’ve moved out.  If you having a problem with getting your security deposit back you can call our office at (718) 435-7585.

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I live in apartment for 15 years, I never received interest on my security deposit, what should I do?

The first thing you should do is write a letter to your landlord and send it Return Receipt Requested; if you didn’t receive an answer from your landlord within 15 days then you can file a complaint with Attorney General’s office. For further assistance you can call our office at (718) 435-7585.

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My landlord is asking me to pay more towards my security deposit, can he do that?

Yes, by law when you renew your lease you have to update your Security Deposit. Your Security Deposit must equal to your current rent.

 

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I live in a private house, what are my rights?

Unfortunately, if you live in private house (under 6 units) you have limited rights as a tenant.  Although you live in a private house your landlord is required to do necessary repairs in the apartment.  Landlord can raise your rent as much as he/she wants by giving you at least 30 days before the raise.

 

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I had a fire in my apartment due to electrical wiring, a lot of my belongings got damaged, is the landlord responsible for the damages?

If you had a fire in your apartment and it was due to electric wiring etc., and your landlord refusing to reimburse you for your lost then you can take your landlord to Small Claims Court to resolve these issue.

 

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How can I find out if my apartment is rent regulated?

If you are not sure if your apartment is regulated you can call Division of Housing and Community Renewal (DHCR) at (718) 739-6400.

 

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Can I use my Security Deposit for my last month rent?

No, it is illegal for a tenant to use their security deposit for the last month’s rent.  The landlord has the right to take you to court and sue you for the last month of rent.  The reason you are asked to pay a security deposit before you sign a lease agreement is so that when you move out if you have damaged your apartment beyond normal wear and tear, your landlord has the right to use the security deposit to fix whatever damages you caused.  You have the right to ask to see how much money your landlord spent to correct all of the damages in your apartment. 

 

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I was offered low income housing but my lease will expire in 6 (six) months.  Is it okay for me to break my lease in the middle of the term?

Based on the rent stabilization law, it is illegal for the tenant to break or terminate the lease.  However, in your case you must notify your landlord in writing 30 days prior to moving out.  In your letter you must explain the reason why you are breaking the lease.  Let your landlord know that you were offered an apartment for low income families and due to your financial situation you can not turn this offer down.  Do not forget to date and sign your letter.  Make a copy for yourself and send the original to your landlord certified with return receipt requested.  PLEASE NOTE that your landlord still has the right to take you to court and demand payment of the rent until your lease expires or until your apartment is rented to someone else.  If you notified your landlord in writing 30 days before moving out.   It will be up to the judge to decide whether or not you will be liable for breaking your lease.

 

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If you have any questions or you need further assistance please do not hesitate to call us at 718-435-7585.

 

 

 

 

 

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