Apartments for Low Income

Questions and Answers

Your Questions About Apt For Rent In Nyc

July 6, 2012

Richard asks…

Philadelphia….anyone from there?

I am based in NYC but will moved to Phily for 7 months to a year to record at a studio there. I have been there once many years ago and would like to know views of people who is still living in Phily now

1) Is it true that Irish bars there still allow smoking if food is only 10%?

2) What about rentals of one bedroom apt or 2bedrooms apt can those people on craiglist be trusted? I heard alot of scams when dealing with so called ” I have a apt to rent” much like NYC

Whats the music environment like especially rock music?

Yada Yada let me know pls, Thank you
OK now I am confused just put down the phone with a friend who just came back from Phily and he says he went to several bars ( NO FOOD ) and everyone was smoking and 2 Irish bars. I also went to US gov website and it says you can smoke in Phily bars as long as theres no food or food constitute 10% of the income. Hmmm
Thanks Randy, yeah I know about the irish bar thing I lived in Belfast for 5 years.

Administrator answers:

No smoking in bars. There are some scams on craigslist, but most are ligit. Try forrent.com. There’s lots to do in Philly. SouthStreet, Museums, Historical sites, the Jersey Shore. Go to phillyburbs.com It gives you news and info for Philadelphia and New Jersey suburbs. Have fun!

Charles asks…

Problem with landlord who breaks the law, eviction process in ny?

My father in law, my pregnant wife and myself rented apartment on month to month basis in Queens, NY last summer 2009. Our neighbors who rent apt above ours have wooden floors and 6 children making lots of noise every day until 12am. My father and I have to wake up early to go to work, my wife can’t relax because of that loud noise. We spoke to our landlords many times and asked him to help us to deal with this problem but unfortunately he didn’t do anything about it. We have roaches in our apt, we requested exterminator but our landlord simply ignored it. During the winter we didn’t have heat for weeks because it took landlord long time to repair the heating system. My wife gave birth a few months ago, we still don’t have window guards even though we requested it many times as well. Since my wife become pregnant, she quit her job and it became difficult to pay for the rent. To increase our income we let our friend to move in with us. We confirmed that with our landlord who verbally agreed on this, however 2 months later the landlord decided to give us 30 days notice of $100 rent increase due to additional expenses related to gas, water and electricity usage.(our landlord pays for that). He said that he will increase rent or the new tenant must leave. Our friend decided to leave on his own because he couldn’t take the noise coming from our neighbors. We decided to withhold the rent payment and called NYC to make complaints about our problems with landlord. We received 30 days notice to leave the place. We searched for a new apt but we couldn’t find anything that we could afford. We need more time to find a new place. What can we do to extend the process in court, how can we defend ourselves? Please help us.

Administrator answers:

Well, If you didn’t stop paying your rent, you’d be in the clear and you’d be right in this situation – but you broke your contract by stopping payments for monthly rent. Now, he can legally evict you with 30 days notice because you broke contract. He cannot, however, increase your rent (unless it says he can in your lease) after signing it. It would normally have to be agreed upon by both parties ( again, unless the lease says otherwise). So, the 100$ increase could be avoided if your lease doesn’t include the landlords ability to increase rent due to increase utility costs.

Also, there is a clause called ” warranty for habitability” – it states that tenants are entitled to an apartment fit for human habitation without any conditions endangering or detrimental to their life, health, or safety. While there are no specific regulations concerning when noise can be made, leases sometimes contain clauses concerning this. If you’ve got a newborn baby and they haven’t sent the exterminator / installed window guards, your landlord is being negligent and can face serious problems if something were to ever happen to you or your family ( or you hired a lawyer)

You could ignore his eviction notice and stay, and possibly get another 3-4 weeks before it’s officially processed. You MAY be able to fight it if you bring up the following facts:

In NYC, there is a regulation that requires apartments to have 80% of the floor covered in carpet to avoid noise pollution in other apartments. I would check the lease and check with a NYC official, but it is usually enforced in NYC to have 80% of the flooring covered in carpet, rug, tables, sofa, etc to avoid as much overhead noise pollution as possible.

David asks…

problem with landlord who breaks the law, eviction process in ny?

My father in law, my pregnant wife and myself rented apartment on month to month basis in Queens, NY last summer 2009. Our neighbors who rent apt above ours have wooden floors and 6 children making lots of noise every day until 12am. My father and I have to wake up early to go to work, my wife can’t relax because of that loud noise. We spoke to our landlords many times and asked him to help us to deal with this problem but unfortunately he didn’t do anything about it. We have roaches in our apt, we requested exterminator but our landlord simply ignored it. During the winter we didn’t have heat for weeks because it took landlord long time to repair the heating system. My wife gave birth a few months ago, we still don’t have window guards even though we requested it many times as well. Since my wife become pregnant, she quit her job and it became difficult to pay for the rent. To increase our income we let our friend to move in with us. We confirmed that with our landlord who verbally agreed on this, however 2 months later the landlord decided to give us 30 days notice of $100 rent increase due to additional expenses related to gas, water and electricity usage.(our landlord pays for that). He said that he will increase rent or the new tenant must leave. Our friend decided to leave on his own because he couldn’t take the noise coming from our neighbors. We decided to withhold the rent payment and called NYC to make complaints about our problems with landlord. We received 30 days notice to leave the place. We searched for a new apt but we couldn’t find anything that we could afford. We need more time to find a new place. What can we do to extend the process in court, how can we defend ourselves? Please help us.

Administrator answers:

Your landlord did not break the law, you did.

You illegally moved someone into his property prior to his consent. Then you illegally withheld rent.

You need to be evicted and have this appear on your credit report so that other landlords know what kind of person you are.

There is no defense, what you did was completely out of line.

Daniel asks…

As a undertenant(subleasing apt) am I responsible for the rent that actual tenant owes?

Hi
I am subletting an aprtment in nyc and the person who sublet it to me failed to pay the rent so most likely i will be evicted since i recieved some paper works
Now the thing is I didn’t pay the rent to the office I just gave it to the person who sublet it to me (because she said she will just pay them) and I just paid her in cash everytime
So what I am curious is as a undertenant am I responsible for the rent she owes? I am on the contract as undertenent… and I have met landlord personally
Because if I wrote a check then I would have a proof I paid but since I didn’t… I am not sure…
And the person who sublet it to me has disappeared seems like because her phone is disconnected now

Administrator answers:

If the tenant sub-letted to you then your contract is between you and the other tenant. If the other tenant does not pay the rent, then you will have to leave if the landlord demands that you do. However you are not under obligation to pay the landlord for any past rent prior to when you arrived nor after you arrived.

If you explain the situation to the landlord possibly they might let you stay if you form a contract with them and pay the rent directly to them, but you have no obligation to repay the rent you have already paid to the other tenant. But as I said you may loose your tenancy.

You mention you are on a contract. I am hoping this contract is just between you and the other tenant, because then the above applies. If the contract is between you and the ‘office’, then you got ripped off and they could demand the money from you.

Michael asks…

Can I be considered as a first time home owner?

I bought an APT in NYC 10 years ago I took all my savings to buy it,back then it was CHEAP I got it for $60,000 now its worth 4X that but now I want to buy a home in CT with a back yard & a white picket fence,but I am not selling my APT I’ll rent it but I’ll have to get a mortgage to buy that home would I be considered as a FIRST TIME HOME OWNER?

Administrator answers:

No, you would not be a first time home buyer. Like the person above me said, you can not have owned any property in the last 3 years to qualify for first time home buyer. But, see if your spouse/significant other/best friendcould buy it in their name if they have not owned a house for the last 3 years. There are several loopholes as to getting the $8,000 first time home buyer tax refund.

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