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
PREMIUM
Elaine Shay
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.