FULL TIME TENANT UNION : LEGAL QUESTIONAIRE with ADAM MEYERS

Q: What are the risks of participating in a Rent Strike?

A: Eventually you can end up in housing court, the landlord may be granted a money court order for past due rent if the landlord wins the case. That said, going to court is some time off because of the moratorium and then a slow reopening of courts and log jam of cases. This gives rise to significant time to negotiate with the landlord which is the goal of the rent strike; to impose collective power over the landlord. Landlords cannot retaliate against tenants for being part of a Tenant Association/Union; this is a legally protected right.

Q: Can the landlord go after my guarantor for failure to pay rent because of rent strike?

A: Under the current circumstances because of financial hardship due to COVID - 19, it will be some time before you see any landlord bringing such a case because currently there is a significant delay due to the moratorium, etc. It gives you time to negotiate with the landlord via tenant union.

Q: I sent my rent renewal via e-mail and then joined the rent strike? Is it possible to renew my lease via email?

A: [ Adam to research and get back to us. ]

Q: How can I get my landlord to fix my leaky windows?

A: This pertains to warranty of habitability (a requirement of the landlord to keep your home safe for you to live in. Black mold is a health hazard. Now is a good time to notify the landlord of this issue and then file a complaint with 311. This government agency will send an inspector to investigate the matter and put the landlord on notice. It is a good argument for reduction of rent owed due to health concerns and delay to address the problem by the landlord.

Q: How do I address the landlord about fixing gas leak issues?

A: Call 311 to make a complaint and the government agency will send an inspector to investigate. Document any incidents and notices given to the landlord, etc. Tenants can also go to Housing Part ("HP") proceedings which is an administrative proceeding and not courts. However, they would need to perform further investigation to prove and document any noncompliance or issues. Investigators would need access to the utilities room to further investigate.

Q: Risk of breaking lease early?

A: Review the lease to see if there are any reasons provided that the Tenant can terminate the lease early (highly unlikely such a clause would be provided). Approach the landlord and try to come to an agreement. Landlord would be allowed to keep a security deposit for back rent owed and any other monies owed, but you can try to negotiate as the amount you would be able to pay for the remainder of the lease, a lesser amount than the amount owed under the terms of the lease. Providing landlords with notice of early termination provides landlords with ability to mitigate the loss of an empty apartment by trying to rent the apartment again in order to close the gap between when you move out and signing on a new tenant. When moving out, make sure to return keys, retain all documentation needed for any defenses/to show notice, and provide landlord notice of moving out. You may be able to provide proof of the landlord's breach of warranty of habitability; failure to keep conditions acceptable for human life (safe and healthy). Breach of this duty can be used to reduce rent owed. Contract Eviction - even though not technically evicted, Tenant can claim that the condition of the apartment made it impossible for Tenant to feel safe at home and had to move out. This is a high burden to move and difficult to prove).

Q: What are the ramifications of breaking my lease 3 months early?

A: Landlords may file a case in civil court (not housing court) after early termination of lease, but this depends on whether the landlord thinks it would be worth the time and costs of litigation.

Q: Is it legal for a landlord to offer all fees of $500 if we find him a new tenant?

A: Adam's understanding of the law is that an individual may be allowed to provide a referral for a new tenant and be compensated and that a real estate license is required when a person has several clients they are representing in real estate transactions.

Q: Is a clause in the lease requesting notice of lease renewal within a certain period of time or risk landlord withholding security deposit enforceable?

A: Yes, if notice isn't provided in time. It can be retained as payment for rent for a month after termination date lease.

Q: How can I tell if the landlord is not complying with rent stabilization status?

A: Request and review the rent history of your unit. An increase may be due to apartment renovations. A thorough review/analysis of rent history is required. Request rent history at: rentinfo@nyschr.org. Amirentstabalizied.com - auto composes the inquiry in an email for you