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November 13, 2008
Pre-1938 CofO renovation question
Hi-
I have read back through the CO issues and cannot find one like mine.
I have been living in a rental apartment in a 6 unit townhouse for a couple of years. I have had some issues with my landlord.
After checking with the DOB, I realized that my apartment does not have a CO (it is pre-1938). My question revolves around when it needs a CO. The landlord completely gut renovated the apartment prior to me moving. It has new dry wall, gut renovated bathroom, completely new kitchen, new windows, hard wood floors, inset lighting, and even some structural work on the floor joists. They used all this as a selling point to me when I was moving in. However, when I look back, all they applied for was basically putting in a new tub and toilet.
Does anyone know what the requirements are for the landlord? Just curious if it makes sense for me to get a lawyer.
Thanks.
DC
Comments
Why is a renter of two plus years doing research on the CofO. It doesn't sound like you HAVE a problem. It sounds like you want to START a problem. The description in your post makes it seem that you want to stick it to your landlord under the guise of some CofO issue. Keep in mind that if you do this, it can bite you in the rear, and you can forget about all the amenities you describe.
I suggest you work out the landlord issue before you stick it to him and yourself.
Posted by: cmontgom at November 13, 2008 1:04 AM
cmontgom right on!!!
BTW Dumbass that building has a C of O. You have to take you ass downtown.
"The landlord completely gut renovated the apartment prior to me moving. It has new dry wall, gut renovated bathroom, completely new kitchen, new windows, hard wood floors, inset lighting, and even some structural work on the floor joists. They used all this as a selling point to me when I was moving in. However, when I look back, all they applied for was basically putting in a new tub and toilet."
The MCI is filed with DHCR. Don't worry be happy!!!
The What
Someday this war is gonna end..
Posted by: Return of The What at November 13, 2008 2:33 AM
Perhaps I should expect this sort of feedback when I put myself out on a public forum. However, I ask a question and get comments like dumb ass and assumptions of what my problems might be. I did not want to go through the litany of my issues, but here is a more complete background.
1. The landlord's actions are close to what I would term harassment, but I was trying not to go through the whole story. As far as "amenities", my hot water works intermittently and the heat will work about 60-70% of the time this winter. My lighting and power despite being two years old, flickers like 120 year old wiring. Given that it was rewired, without permit, two years ago, I question what is the current legality/safety. I did not go looking for a problem and that is why a renter of two years is doing research on CO issues.
2. I have been downtown. The DOB does not have a CO and almost no permitting.
3. I have spent the better part of the year trying to "work out" these issues. I have asked for an abatement for heating/hot water issues. I have asked for an inspection of the wiring. No luck.
My landlord is trying to jack my rent substantially (15%) and I cannot afford to move. He says this is a market rate apartment and I can leave if I do not like it. I was told if I withhold rent, I can be kicked out. If I get the bldg inspector involved, then I could be out too.
I am looking at the CO issue as a means of leverage to get things fixed, not to live rent free. I guess I did not frame this properly, but if you do not have anything constructive to say, please find another place for your hostility.
Posted by: dougcrimm at November 13, 2008 7:31 AM
Get a lawyer. Do a google search on tenant lawyers and you'll come up with plenty.
The law of landlord and tenant in NYC is quite complex and it is incumbent on both landlords and tenants to make sure that they follow the law to the letter. Your landlord may be correct when he says its a free market apartment and he can charge what he likes, but he may also be incorrect. If he did not follow the law precisely he may find himself back in rent regulation hell.
Notwithstanding COs etc. if you suspect that the wiring is not up to code, you can file a complaint with the DOB.
Posted by: bohuma at November 13, 2008 8:16 AM
Doug,
When we bought our house, I had to do a fair amount of research on the C of O, so what I am going to say is based on that. The Certificate of Occupancy is issued for a building, not an individual unit. It is true that many buildings don't have a C of O, as long as their original occupancy designation has not changed. If your building was always a multi-family building - the owner didn't have to change or establish it. Upgrading or renovating a building doesn't necessarily require any change or establishment of C of O -- ONLY if it changes the number of occupants in the building. If it changes the building from a one-family to a three family, or to a multi-family, or a one-family with a professional space, etc -- then the C of O comes into play. bohuma is correct: if you are having issues with heat, wiring, etc -- it's not the Certificate of Occupany -- it's the Building Code that may be of issue. If you rent through a realtor - start with them. If you rent directly from the owner - advice from an attorney who specializes in landlord disputes is wise. I hope this helps.
Posted by: parkslopemom at November 13, 2008 9:07 AM
OP: Actually, it's quite constructive to tell a tenant who wants to hit the lottery through housing court that you don't support that tactic. The flip side, or parallel part, is that all tenants have an absolute right to quiet enjoyment of their apartment, including all services which are mandated by law and for which they exchange rent. It would have been good for you to describe your actual living situation in your original post. Your roundabout approach might be a window into some of the issues between you and your landlord. All buildings have COs. As Parkslopemom just wrote, one of the questions is: does your building have a CO that matches it's use? As to heat and hot water, call 311 and file a complaint. As to how to proceed otherwise, below is a link to a tenant's rights guide and to a site with a wealth of landlord/tenant housing information: http://www.housingnyc.com/html/resources/attygenguide.html
Posted by: vinca at November 13, 2008 9:13 AM
Ignore the namecalling. Focus instead on your rights as a tenant in New York City. They are considerable, and the resources available to you on-line are considerable. I'd suggest checking out the Office of the Attorney General's renter's rights web page, and the Department of Buildings' website for info regarding permits.
By law, your apartment must be kept at 68 degrees if the temperature outside falls below 55 degrees. Your hot water must be kept at 120 degrees. Your electrical wiring must be up to NYC code, and your appliances must be kept in working order. Your landlord is in violation of the law if he does not comply with these regulations, and he could be subject to a fine from the DOB if the electrical work done on your apartment was done without a permit. He is further in violation of the law if he seeks to retaliate against you for complaining to state government offices by denying you baseline services or verbally harassing you. Know your rights, document everything with pictures and videotapes of flickering lights or other electrical malfunctions, and keep correct records of daily fluctuations of the temperature outside and in your apartment, and of your hot water. Only correspond with your landlord in writing and send all correspondence registered mail. Keep copies of everything you send and keep everything you receive in writing from your landlord. Do not engage in namecalling or verbal sparring of any kind; keep your emotions in check and do nothing more than cite the law to him if you decide to withhold rent until repairs are made. Save all voicemail messages. Lastly, start saving your money now for down payment on another apartment and do consider getting an attorney if you want to fight this battle. Keep in mind, though, that sometimes these battles are simply not worth the hassle and you may end up having to move anyway. Still, do not allow yourself to be bullied into leaving your home because a greedy landlord sees a hardening rental market and would like to cash in by screwing his current tenants.
For as many renters who try to "hit the housing jackpot" by complaining to the DOB, there are equally as many landlords who'd like to keep their tenants living in subpar conditions, paying capricious, almost usurious rent increases on already comparatively astronomical rents, in exchange for constant, mean-spirited, exhausting battles over basic amenities that are provided for by the law.
Posted by: Florence Castleberry at November 13, 2008 10:25 AM
As Parkslopemom pointed out, there will be no C of O unless the building's use has changed since the 30's.
Sorry your place isn't all you hoped, and that your landlord seems to be ignoring your concerns. However, it's my sense that your relationship will go from bad to worse if you engage in some sort of battle. If it's in your interest to fight for your rights, have at it and follow vinca's link. You of course should have a safe home with heat and hot water.
Though you state that you can't afford to move, I encourage you to consider where the battle will put you 18 months from now. If you think you can win, and not be harassed mercilessly by your landlord, and not spend lots of money on an attorney, that's one thing. But, if you think you're going to have a miserable time AND end up moving anyway, I suggest you just move now.
Posted by: curiositykilledthecat at November 13, 2008 10:31 AM
Heat and hot water demand an immediate 311 call. HPD takes that very seriously and you will have an inspector there that evening in most cases. OTOH, if the heat works 70% of the time, it may be difficult to establish a violation.
It's very unclear whether the CofO issue is at all relevant to the status of your rental. Is it a rent-stabilized unit? It seems like you don't know, so check with DHCR.
On its face, the units in the building were rent-regulated at some point in time. Just because the landlord claims that it is a "market rate" unit does not make it so. Did the prior tenant pay more than $1700 per month? If so, then this apartment likely is a vacancy decontrol situation.
If the apartment was marketed to you has having all the renovations you mention, but you now have a good faith reason to believe that those renovations were never done or compelted (and it would seem that the DOB filings support you on this), you would proabbly have a good reason to seek an abatement of the rent for the duration of your tenancy (and perhaps even a refund, but this may betime consuming to seek). However, I don't know but doubt that the LL is required to renew your lease when it ends unless the unit is rent-stabilized. In other words, you may save a little bit of cash for the remainder of the lease, but be forced to look for a new unit.
Finally, I doubt the CofO status has much relevance to the analysis. Your research on DOB filings is more geared to establishing misrepresentations in the initial marketing (which may or may not survive the usual "four corner" clauses in the written lease.)
Frankly, why do you want to live there? Why not try to use the DOB issues to get an agreement to return your deposit upon vacating the premises, end the lease, and look elsewhere. The LL sounds like a jerk.
Posted by: Boerumresident at November 13, 2008 10:44 AM
DC - Take into consideration that if you end up in housing court it will appear on your next credit run when you apply for another apartment.
EVEN if you are in the right and win the case, NO landlord will rent you an apartment!!!!
I have seen that case played out many times.....
Posted by: troll at November 13, 2008 1:53 PM
As a landlord, my advice to you would be to start looking for another place.
There's a hell of a lot of inventory on the market now, rents have come down, and most landlords (myself included) are willing to negotiate a little to never go below 100% occupancy.
Since I imagine your apartment is not rent stabilized since you live in a six unit building, and your landlord has no obligation to renew your lease, you really should start looking for a new place.
Regarding withholding rent for the remainder of your lease, you need to find a tenant attorney to make sure you follow the law.
It's not worth blemishing your credit report with some type of judgement against you, so be careful.
Good luck
Posted by: IronBalls at November 15, 2008 11:33 AM
Oh, and I echo some of the previous posters regarding the C of O.
If your apartment wasn't illegally carved out of other units, like most pre 1938 buildings, it likely won't have a C of O and doesn't have to.
Posted by: IronBalls at November 15, 2008 11:38 AM
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