Brooklyn, NY asked in Real Estate Law and Landlord - Tenant for New York

Q: Can my landlord rise the rent as he wishes because it's "fair marker value" ? I've been here for a year already.

I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper management. I had also asked for a 2 years lease and was denied. In December 2021 a week before Christmas I received my new lease via email and they are raising my rent to almost $2300 due to "fair market value", again they are not offering a 2 years lease. They ran an intensive credit check and I had to provide tax returns, bank statements and letters from my employer as well as applying to Rhino and paying and additional fee.They are now raising my rent to an unfair amount, almost $100. I am a single mother with 3 small children.I made that very clear to the manager who showed me the apt. He promised to work me and I have text, video and emails where he is giving me specific rental price.

2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable increase for unregulated apartments. Likewise, landlords of unregulated apartments are not required to grant your request for a two year lease or consider your family circumstances.

1 user found this answer helpful

Walter Sage Jennings
Walter Sage Jennings
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In my opinion and assuming you are not rent regulated; the landlord can raise the rent a reasonable amount every lease renewal. A $100 increase would not be considered unreasonable.

1 user found this answer helpful

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