how long can you be charged for MCI?

No. The increase is permanent. See the last question at http://www.housingnyc.com/html/resources/faq/rents.html#mci

Thank you for the info....I was initially charged 1/40th of the total reno not 1/84th. Was I overcharged?

It's 1/40th for Individual Apartment Improvements. See next-to-last question at same link.

thank you so much...very helpful.

I was wondering, what do you know about being evicted?

vore01: Are you concerned about getting evicted? Just because you want your landlord to make needed kitchen repairs? Has the landlord threatened you with eviction?

Take photos of your kitchen. Send them along with a letter (by e-mail and certified mail) detailing the things in your kitchen that are falling apart and ask your landlord to repair/replace them. Keep copies for your files. Point out that you are concerned about your safety and don't want the neglected condition of your kitchen to lead to cascading leaks and/or mold.

Continue paying your rent.
If there are repairs that the landlord continues to refuse to make for you and you have leaks, mold , non-working ventilation system; contact the HPD. Call 311 to file a complaint.
The HPD will notify your landlord and instruct the landlord to make the repairs.
They will send an inspector to issue a violation that will be sent to your landlord.

Go onto the HPD website. Some conditions like a cascading leak are considered to be emergency conditions requiring emergency repairs. If your landlord refuses to make those emergency repairs, the HPD will hire a contractor, and send him to your apartment with a work order. The HPD will then bill your landlord for the contractor's bill.

So don't worry about being evicted if you have been a good tenant.
Let the landlord worry about being a bad landlord.

Even if you could receive a rent reduction and/or a payback -you would still have a kitchen that is falling apart.

Hello and thanks you so much for the response.

My landlord did file to evict me. I've lived on my apartment for 27 years. Lost my job 2 years ago and have been struggling ever since. I was forced to go on public assistance. I have to go to court in a few weeks to respond to the eviction notice.

I owe back rent and I'm looking for anything that would reduce what I owe him. I applied for Scrie and was approved but my SS check only pays about 80% of the rent. I received a one shot deal once before and everything was squared away but the economy has not improved so I'm still out of work. Ironically I design kitchens and bathrooms but no one wants a 40K kitchen in this economy.

The past few days of rain has caused my roof to leak all over my apartment so I intend to take pictures and bring them to court in the hopes that this will stay any additional court procedures. I don't know if I should file against him before I have to go to court due to his filing against me.

I was working with an organization called Senior Works and they really helped the first time. Unfortunatly they told me this time I'm on my own. I wake up each morning with the feeling of impending doom and I'm sick over it.

vore01: Oh I'm so sorry to hear that. There are many seniors in this town , who are in need of help.

That leak into your apartment is considered by the HPD to be a "cascading leak". That is an emergency repair. The court will provide you with an attorney. The issue with your landlord seems to be that he/she is trying to force you out by not providing repairs.
Call 311. File a complaint. Tell them that you are a senior.
They will send an inspector to your apartment. Then you will have an official HPD complaint to bring to court.

You need to apply for section 8 housing. Don't be too proud to seek that assistance. If anyone deserves it -- you do.

If you still need to pay that back rent due, please post an e-mail address. We will communicate off SE, and you can let me know how much money you need to get that landlord paid. I will help you with that.

I/m in tears...thank you

vore@scientist.com

vore: Please don't despair. I'm going to e-mail you in a few minutes.

If everybody in this town who is gainfully employed and financially able; would reach out to help a senior in need, that would be a very good thing.

My gosh...I'm speechless

I'm never speechless!
You will be O.K. I will help you.

There may be other good ,kind people here on SE. They may offer their help to you, too.

But, I will make sure that you don't become homeless.

No senior citizen should have to worry about that, especially when you have skills and want to continue working.

Skills come with age and yet no one wants to hire experienced (senior citizens) in a good economy. The current economy makes it even more improbable.

I have sent out so many resumes I'm starting to duplicate the recipients.

Your kindness has given me hope. Your words of encouragement leads me to believe that there are good people still in this city.

I emailed you with additional info.

and I thank you again.

In addition, you should file an HP action against your landlord. You do not have to wait until your court appearance date.

Thanks SunnyD
I intend to go to court tomorrow and speak to an attorney who helps tenants. I'm concerned that any proceedings I take against my landlord, the judge may rule in his favor because I wasn't quick enough to file and this is all because of the back rent. I took photos. When my landlord sees the pictures he will say I should have told him about the conditions sooner. The recent heavy rain in NY escalated the ceiling damage from moist spots to heavy cracking and plaster falling from the ceiling.

I did speak with HR and I asked that my claim be held until I get advice. If all else fails I'll file next week in hopes it will stall my landlords action against me.

I've tried the Legal Services of NY, The Legal Aid Society and the Center for the Aged. They are overwhelmed. I also will try Senior Works.

Everyone has the best of intentions with (unfortunately) no follow through.

Thanks for the response. It's appreciated.

i found something interesting. My lease has my last name misspelled but the court petition has it correctly spelled. Grasping at any straw that happens to float by, is this a technical error I can exploit and use as a stall tactic? (Exploit...I hate that word). Is there an attorney out there?

Your lease is your lease. If you wanted to correct a mispelling, you have had many years to do so.

There is no legal short-cut for you, that is not a "straw to grasp".

Deal with the reality of the situation.

thank you truth for the support but I am dealing with the situation as best as I can. I wake up each morning sick over this. I'm trying to remember what a normal life was. And please don't lecture me about reality. If you have nothing to offer in the way of advice then say nothing.

My landlords attorney is doing every trick in the book to get me out of my HOME including stalling the documents I was supposed to receive about what I owe him. I would be foolish if I did not try to find a way (legally) to stall them so I'm asking questions and checking my options.

If you can't or don't wish to offer positive advice thats fine but I don't need lectures at this point in my life. Thanks anyway.

vore: I offered you help to relocate. If you wanted it, you could be out of there and into a new apartment where the landlord would keep things in good repair. Have a normal life again, without the worries of being evicted.

That was positive advice. Pointing out that the mispelling of your name on the lease would not give you legal recourse was positive advice. Not a lecture.

Good luck anyway. Hope things work out for you.

How did it go from Truth offering to PAY the needed $ here...

"If you still need to pay that back rent due, please post an e-mail address. We will communicate off SE, and you can let me know how much money you need to get that landlord paid. I will help you with that."

To an offer to relocate instead of cash here...

"vore: I offered you help to relocate. If you wanted it, you could be out of there and into a new apartment where the landlord would keep things in good repair."

To this response from someone living rent stabilized/controlled for 27 years and not saving for a rainy day...

"If you can't or don't wish to offer positive advice thats fine but I don't need lectures at this point in my life."

Just snother bizarro world conversation

You think?

Very Sybil of you Truth

truth wins another fruit loop award. more to come no doubt.

I had a feeling it would end up this way

I came to this site in the hopes of finding someone who might be an attorney or know of the inner working of housing court procedures. I never expected some of the responses I got.

I never expected anyone to offer financial assistance in this site. Out of courtesy I will not go into what Truth and I talked about. I'll leave that to Truth to explain if Truth cares to. I'll just leave it at I could not abide by the conditions that were suggested. I will never forget the offer Truth made and I'll always be grateful for the compassion and honesty trying to help someone.

In this very site I did a search for a studio apartment in the Bronx. The last site I visited wants 800/mo including first and last months rent plus a security deposit. Add to that the $400-$500 moving expense. I simply don't have it. I know what 500/600/mo apartments look like. There in dangerous neighborhoods and have no tenant rights.

I made an appointment to see someone from the HRA on Tuesday to see if I can qualify for a grant. The application will be made but there is no guarantee of approval. My landlord attorney was supposed to give me a current listing of past rent that I owe but to this day (almost 3 weeks) I have yet to receive it. This document is required by HRA for the grant. My landlord is doing all that he can by stalling the flow of required documents to me. I also have an appointment to see a Legal Aid attorney on Friday. Hopefully he will be able to assist me going through all the paperwork, court documents and lease info to see if he can stay a warrant for eviction. If I can prevent a US Marshall from coming to my door I'll look for any loophole I can find. If the grant is approved, I intend to repay it when I find work.

I worked for a company about a year and a half years ago. During the New Year holiday they just moved away. Didn't tell anyone. They just packed up the office, took all the displays and furniture and left during the night. One of my customers called me up and told me all the furniture was gone, that's how I found out. For months I tried to help my customers with their remodel without compensation all while I was trying to find another job.

I want to work and I'm still sending out resumes.

Please know that I'm extremely grateful for all thoughts and suggestions given. Perhaps if this all works out I can start a thread to assist others in same predicament I now find myself in.

Wish me luck

It would be nice if every senior could continue to live in his/ her residence and grow old in comfort.

But things being how they are these days -- it's not possible.

vore is a good person, trying to stay in an apartment that feels like home, after decades of residing there. Losing a job, having a landlord who wants vore out; in order to raise the rent to market value:

I wish I could convince that landlord to be sympathetic to his long-term tenant. To allow vore more time to possibly find a new job and get caught up on the back rent.
But I can't do that.

If vore wants to move to another apartment in the same neighborhood although it may be a smaller apartment costing $800 per month in rent, and I'm willing to put up the moving costs and first, last, months' rent and deposit; I can do that.
And whatever it costs to move vore out of there; I can do that.

A landlord who has a tenant behind in rent payments can take action to evict. I would rather help vore out now , to move to a new place that is affordable within vore's current income. A new apartment with a landlord who will do any needed repairs.
But vore wants to stay in place.

I wish vore well, but the reality is that landlord wants vore out.
It's a losing battle to try to stay in that apartment.

So I wish vore well. I would rather help vore now, then wait for vore to be evicted.

Put up or shut up.

Hmm, why do you need to announce how you want to help out Vore? Why don't you just do it. Or move on?

camden: That's what has happened.
If others did not question, I would have kept my offer to vore between us.

Do you have any offer of help to vore?
Have you ever reached out to help anybody in need?

Hmm, indeed.

I get it Truth, you have a reputation to protect.

My reputation was not established here on SE nor does it depend on SE.
SE is a website. Not the real-life entire world .

In which case, please explain: "If others did not question, I would have kept my offer to vore between us."

Vore came on SE seeking advice. A human being in need.
You have nothing to offer anybody.

You didn't answer the question.

The question, coming from you : means nothing. No answer from me is required.

Alright, then the facts speak for themselves as journaled on this thread.

columbiacounty
2 days ago
stop ignoring this person
report abuse
truth wins another fruit loop award. more to come no doubt.

Thanks for pointing out the fruitloops

oh larry...i'm so grateful for recognition....even from you.

Thanks columbiacounty. Some time we've got to petition streeteasy to ungray you, so that you can get the recognition you deserve, even without me.

Hey Larry.

Drop dead.

cancer or bus?

10, 9, 8....

7

6

4

LARRYBROWN I don't get the countdown or some of your comments

I want to thank truth again for her support in here

Truth went out of her way to try to help me. All negative comments should be directed at me.

Woah, you're right, I missed 5.

I see the ignore feature works. Larryb if you have nothing to add or your just bored or if your a teenager it's way past your bedtime.

Vore, we don't believe you.

Vore is well educated, highly literate, and has good records. A senior in NYC for at least 27 years paying a stabilized rent.

Saved ZERO dollars in the case of a rainy day for his or her whole life.

Who are you really? Aboutready/10011? NYCMatt? petrfitz? Eddie Wilson II?

Truth was kind enough to speak with me and knows I'm being honest. If there is a moderator in here that wants to communicate with me I will talk or email them.

The business I'm in is highly competitive and in some cases the dealers I worked for were criminal.
Before I worked for the dealership that folded and didn't say anything to anyone, I worked for a company that cheated their designers. This company was smart enough to be professional with their customers because customers have agencies that protect them (BBB, Consumers reports etc.) Sub contractors and designers had to go to court to get paid by this group. After 2 years with this company I left. Keep in mind the economy was still stable at that time. I can tell you if your thinking of remodeling your bathroom or kitchen do the homework. Remodeling contractors have on goal...to take as much of your money as they can while doing the least amount of work.

Whatever the cause of my current financial predicament is, is really non of your business. The savings I had were spent over the last 2 years, when your out of work you do the best you can.

And why would I spend all this time in here asking questions and seeking advice if I wasn't being sincere? Who are you really larrybrown? Did you read the entire thread? And I would make this all up WHY???

I thought this was a site where adults would come in and talk about serious issues without getting harassed or accused of being dishonest with there posts. This thread has gone from me asking advice to having to defend myself and defend another person for the advice that was offered.

If a moderator wants to communicate with me please do so.

I'm going to HRA this week. For those who want follow up I'll post what transpires. For those who think I'm making all this up...I really don't care what you think.

I went to HRA on Thursday, They are going through the paperwork to see how they can help.

I went to see a Legal Aid lawyer on Friday and they decided to take my case so I'll be represented in court.

There is an Implied Warranty of Habitability that I may be able to claim (after I showed my attorney the photos of the damage) and a credit of past and or future rent payments will be addressed.

My landlord does not know I have a lawyer so that should be fun.

Last night was the first full night of sleep I've had in months.

Try to stay strong vore01!! I know all too well how draining these situations can be. I'm so glad to hear that you'll have some representation. Good Luck to you.

thats very kind...thank you

Follow up on my evection predicament.
I went to court last week and my landlord’s attorney was surprised to learn that I had a lawyer with me. Kind of gave me a semi-sinister chuckle when my attorney told me she met him outside the courtroom and it caught him unprepared. The stipulation noted all the problems I’m having in my apartment and the landlord is scheduled to visit me in a few weeks.

I also went to the HRA yesterday and I was told I couldn’t get a one shot deal unless there is a 3rd party cosigner who will guarantee to pay partial rent. The amount I get from SS is lower than my rent. The HRA is asking that I get a cosigner who will guarantee to pay $400.00/mo toward the rent. HOWEVER…

I’ve been in touch with my attorney (ain’t I fancy) and we are reviewing the possibility of asking for a rent reduction that would preclude having to have a cosigner if the rent is reduced enough. Along with a rent reduction my attorney says that I could ask for a substantial amount based on the damages I sustained to my apartment over the years. I still have photographs dating back to 2003 when the ceiling collapsed in my dining room.

I’ll keep you all posted although It’s doubtful anyone is still reading this thread. If for anything it’s for those who wanted a follow up.

PS
There’s something else I forgot to mention. My landlord has never given me a complete breakdown with a balance that I could give to HRA (a major requirement of theirs). He was supposed to give me the final breakdown when I met him in court last week but again he failed to do this (confusion to the tenant). When he saw my attorney and she stipulated an updated breakdown of what I owe he had to finally comply. She got it mentioned in the stipulation. I’m thinking of organizing a Tenants Committee for my building. I found out other tenants have roof leaks as well. Will keep you posted…

Vore01: I am not sure, but any damages you get may be trebled (say they overcharged you by X, you get 3X). Ask your lawyer.

wow...really nyc10023? Thanks for the info. I will ask her. Hey, I never was aware of what's called 'implied warranty of habitability' until I spoke to another tenant being evicted in the Legal Aid office. Since then I have done my homework and that tip you gave me helps..thanks again.

found this
http://www.tenant.net/index.html

@vore01

Don't get too excited about the prospect of receiving 3x damages. I am very glad to hear that you were able to be accompanied by counsel to Housing Court. Obviously, it's making a world of difference for you. Please, keep us posted.

Also, I think that the idea of organizing with other tenants who share your predicament is a very good one. Good Luck!

Hi SunnyD.
I'll review all options with my lawyer and go with what she suggests. I did a bit of research on abatements and from what I've learned the judge has the power to allow small or large awards so it's all up in the air because it depends on the judge you get.

My lawyer wants to go before a different judge other than the one presiding. I heard him talk to a person in court and he offered no advise to this one person getting evicted. He told her simply to have the past rent money in a week or he will be forced to order the eviction. This women was terrified. As she was leaving the courtroom I went after her. I told her to go to HRA to stop the warrant and speak with an agency like Legal Aid. She spoke with a foreign accent so I don't know if she fully understood me. I still remember the terror and panic in her face. I had to get back into court because I afraid I would be called. It was so damn sad. The judge offered her no council, no advise at all.

I thought some of you would like to see the conditions of my apartment

http://profile.imageshack.us/user/vore01/

let me know if you have problems viewing the pictures. I made the page public

I met with my attorney...let the battle begin!

As per the court stipulation I allowed my landlord to send his agent to see my apartment on Monday...he sent a painter. The building super refused to enter the apartment to see for himself the conditions of the ceilings. The painter said he was scheduled to paint my apartment December 5th. There has been no mention of the roof repairs and it's raining here in NYC again. I told the super I did not want any painting done until the roof was fixed.

I don't get the landlords flagrant, passive attitude. Does anyone have an idea why the landlord is ignoring this?

No response from anyone for a while...I certainly know how to clear a room...lol

It's very simple. It's in his financial interest to ignore.

Or so he thinks.

Roof leaks are the one thing most landlords would want to fix or at least attempt to fix especially when a counter lawsuit is in play. Not one phone call or visit to see what is going on in my apartment makes my case to a judge.

4 hours in court yesterday. My attorney met with landlords attorney and we decided to take it to the judge. NYC housing inspector is scheduled to visit my apartment to review repairs needed. Report will be part of abatement hearing. I'll keep you all posted although it's doubtful anyone is still reading this...

I am reading it, and I hope you find an acceptable outcome

Thanks printer....I'll keep posting as events occur. If anything to assist anyone else going through what I'm going through. I was afraid I would be without a home for a while. It seems I'll get through the holidays.

NYC Housing inspector due today and another visit by the landlords agent. Landlord has been sending me notes that I refused to let him in earlier to inspect. I've copied my attorney with the notes. It's the landlords way of covering his bases I guess.

I'll keep posting to keep everyone (?) up to date.

We go to a hearing in front of a judge is a few weeks.

NYC Housing inspector due today and another visit by the landlords agent. Landlord has been sending me notes that I refused to let him in earlier to inspect. I've copied my attorney with the notes. It's the landlords way of covering his bases I guess.

I'll keep posting to keep everyone (?) up to date.

We go to a hearing in front of a judge is a few weeks.

NYC Housing inspector due today and another visit by the landlords agent. Landlord has been sending me notes that I refused to let him in earlier to inspect. I've copied my attorney with the notes. It's the landlords way of covering his bases I guess.

I'll keep posting to keep everyone (?) up to date.

We go to a hearing in front of a judge is a few weeks.

Don't know how I posted the same thi9ng 3 times....can a moderator delete the extra posts? Thanks.

update:
I want to court on Friday but my attorney suggested I go back home. I had a 102 degree temperature and all my lymph nodes are swollen. She told me that it was a 50/50 chance we would be seen by the judge anyway due to backed up cases and one judge was out. I haven't heard from my attorney yet so I'll post again when I know more about what went on. Most likely there was another postponement.

One of my pets became ill and I had to take him to the ASPCA in Manhattan. He was diagnosed with congenital heart disease. I held him as he was put to sleep. All this is getting to me and I don't see a point to any of this anymore.

Update 2
New court date is set for end of January.

Repairs are set to begins in my apartment this week although no roof repairs were ever made. With the snow coming today and tomorrow the accumulated white stuff will leak for days when the weather turns warmer. I tried to explain this to my lawyer and the landlord and the building super but it seems that the landlord can make repairs any way he wants and in any order he wants. So I'll have to go through all this all over again until I can yell at my landlord in front of the judge.

Life sucks and then the roof leaks....over and over and over again!

Just in case anyone is still following this I had 3 court appearances over the past 3 months and today 3/7/11 the new court date for a trial was postponed again till 3rd week in March...doesn't look good. Landlord is taking a hard stance against my claims. He sits behind me in court and licks the bench I'm siting on. My attorney is overworked but she's doing the best she can. I would be lost without her.

>He sits behind me in court and licks the bench I'm siting on.

Literally? You ought to point that out to one of the court officers. Then the court officer will tell the judge later in chambers, and the judge will have a hard time taking the landlord seriously.

Hi Huntersburg. I did tell my attorney about what he did. She knows. He's an arrogant SOB. His way of trying to un nerve me I guess. Kicking the bench I'm sitting on...what an airhead.

Oh, "kicks"! That's small-timey and pathetic.

But you wrote "licks", which is another thing altogether.

Exactly alan, I thought "licks". Licks is more MidtownerEast/Wtushy watching Barney videos. Kicks is exactly small time and pathetic, I'm sure I can think of someone who fits that. By the way, is this in a New York County court or one of the other counties maybe a but further up the Hudson?

Sorry about the typo. Change one letter in a word and there is a whole new meaning. But why would anyone LICK a bench? And what meaning would there be if that's what I meant?