RENTERS IN CO-OPS

I'm renting an apartment in a 52-family co-op building.  When I moved in last year, my rent was $700.  When I renewed my lease, my landlord increased my rent to $800.  I thought the rent guideline for a one year lease in a rent stabilized apartment was 3%.  I also told my landlord that my refrigerator is not working properly and his reply was that I have to live with that refrigerator.  Can you please advise me on what to do?

                                               J.K., Sunnyside

Do not assume that if a building has six or more apartments that it is a rent stabilized building.  Unless you occupied that apartment prior to the conversion, you are considered to live in "unregulated housing".

Rental tenants in co-op buildings who are issued a lease sometimes misinterpret the terms and conditions, believing that they share the same protection as a rent stabilized tenant.  Your first lease must have included a rider that clearly stated that "this is not a rent stabilized building".

Being that you live in unregulated housing, you pay a "free market" rent; in other words, the landlord charges whatever the market will bear.  There are no legal restrictions on how much the landlord may charge for rent or rent increases.

Landlords of unregulated housing are not required to give leases or lease renewals to their tenants, even if a lease was previously given.

As for your refrigerator, all tenants living in New York State are guaranteed under Section 235-B of the Real Property Law (RPL), specific basic services in exchange for rent.

I would advise you make your request in writing.  If the landlord still refuses to repair or replace your refrigerator, you may want to file a formal complaint with HPD (NYC Department of Housing and Preservation Development) at 311.