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What are the laws and how are tenants protected when you live in a rent stabilized building & how many people reside with you?

Ozone Park, NY |

I have been living in a newly reconstructed building now for 6 years & 6 months and I recently found out that the building is rent stabilized.The landlord never informed any of his tenants when we all moved in and we were never given a rent stabilized lease along with the rider.The landlord does not make the proper repairs to the apartments or to his building.The landlord has been overcharging all of the tenants for the rent and he raised my rent twice because he stated that his water bill was high because I have my sister living with me.When I first moved into the apt it was me,my husband,my son and I was 7 months pregnant and my mom.I have a 3 bedroom apartment and a few years later my sister moved in and she now has a 4 year old and the landlord was OK with who was living arrangements.

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Attorney answers 1


Dear Ozone Park Tenant:

You will need to measure the livable floor space in the apartment by square feet and apply the formula set out in the NYC Housing Maintenance Code for the maximum number of adults and children allowed by City law:

">>>Sec. 27-2075 Maximum permitted occupancy

a. No dwelling unit shall be occupied by a greater number of persons than is permitted by this section.

1. Every person occupying an apartment in a class A or class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a livable area of not less than eighty square feet. The maximum number of persons who may occupy any such apartment shall be determined by dividing the total livable floor area of the apartment by eighty square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside therein, except that a child under four is permitted in an apartment lawfully occupied by one person. No residual floor area of less than eighty square feet shall be counted in determining the maximum permitted occupancy for such apartment.

The floor area of a kitchen or kitchenette shall be included in measuring the total liveable floor area of an apartment but the floor area for private halls, foyers, bathrooms or water closets shall be excluded.

Your greater issue is to recover your rent stabilization rights and correct the legal rent you must pay and recover or file a complaint for illegal rent overcharges.

Make sure your building is not exempt based on substantial rehabilitation:

Even so with a J51 tax abatement the building becomes rent stabilized.

So visit your local office for a conference with a counselor.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.