回複:我和房東的合約上沒有寫明是否可以加房租的條款,房東要求

看到您的問題,老貓的第一個想法是
物價在上長,汽油的價格也在上漲,為什麼您的房租不能漲?
然而問題就在於您住在紐約,NYC Rent Stabilization Law of 1969
(http://www.tenant.net/Rent_Laws/RSL/rsltoc.html)
對於房東對於租金能夠上揚的幅度有一定的規定,State Division of Housing and Community Renewal (DHCR). 會根據當年物價上揚的情況對於房租上漲的服標準做出規定
更詳細的規定在
Rent Regulation "Reform" Act of 1993
(http://www.tenant.net/Rent_Laws/RRRA93/reform.html)
有更詳細的規定,對於您最重要的問題是您所住的房子是否是屬於這一段話
The initial legal registered rent as adjusted in
accordance with this Code or the rent shown in the
annual registration statement filed 4 years prior
to the most recent registration statement (or if
more recently filed, the initial registration
statement), plus in each case, any subsequent
lawful increases and adjustments
詳細的規定在這裡,您需要仔細讀一遍
(http://www.tenant.net/Rent_Laws/RRRA93/novick.html)
所以您須要做的是要仔細核算您房東增加的數字是否在合法的範圍之內,如果對方的數字超過於合法的範圍,您可以依法要求對方更改或是向當地的housing court提出訴訟 (當然這是最後的一步,您有相當多的選擇在提出訴訟之前),相關的程序與法源如下
The RSL § 24-517(e), with the amended language in capital
letters, reads as follows:

The failure to file a proper and timely initial or annual
rent registration statement shall, until such time as such
registration is filed, bar an owner from applying for or
collecting any rent in excess of the legal regulated rent in
effect on the date of the last preceding registration
statement or if no such statements have been filed, the
legal regulated rent in effect on the date that the housing
accommodation became subject to the registration
requirements of this section. The filing of a late
registration shall result in the prospective elimination of
such sanctions AND PROVIDED THAT INCREASES IN THE LEGAL
REGULATED RENT WERE LAWFUL EXCEPT FOR THE FAILURE TO FILE A
TIMELY REGISTRATION, THE OWNER, UPON THE SERVICE AND FILING
OF A LATE REGISTRATION, SHALL NOT BE FOUND TO HAVE COLLECTED
AN OVERCHARGE AT ANY TIME PRIOR TO THE FILING OF THE LATE
REGISTRATION. IF SUCH LATE REGISTRATION IS FILED SUBSEQUENT
TO THE FILING OF AN OVERCHARGE COMPLAINT, THE OWNER SHALL BE
ASSESSED A LATE FILING SURCHARGE FOR EACH LATE REGISTRATION
IN AN AMOUNT EQUAL TO FIFTY PERCENT OF THE TIMELY RENT
REGISTRATION FEE.


(2) RSC § 2520.6(f)


(3) Quoting from amendment to RSL §26-517(e) reproduced at
footnote at p. 1 herein.

(4) RSC § 2528.1

(5) RSC § 2523.1

(6) RSC § 2521.1(b)(1) provides:

For those housing accommodations for which the tenant files
a TIMELY CHALLENGE in accordance with section
2526.1(a)(3)(ii) of this Title (Overcharge Penalties) TO THE
INITIAL LEGAL REGISTERED RENT, such rent shall be determined
by the DHCR as follows:

(1) for housing accommodations other than in hotels, THE
RENT CHARGED AND PAID ON APRIL 1, 1980, PLUS THE LAWFUL
INCREASES charged and paid up to March 31, 1984;...
(Emphasis supplied)

(7) RSC §26-512 states:

a. NO OWNER of property subject to this law SHALL CHARGE or
collect ANY RENT IN EXCESS OF THE INITIAL LEGAL REGULATED
RENT OR ADJUSTED INITIAL LEGAL REGULATED RENT until the end
of any lease or other rental agreement in effect on the
local effective date until such time as a different legal
regulated rent shall be authorized pursuant to guidelines
adopted by a rent guidelines board.

b. THE INITIAL REGULATED RENT for housing accommodations
subject to this law on the local effective date of the
emergency tenant protection act of nineteen seventy-four or
which become subject to this law thereafter, pursuant to
such act, shall be:

(1) FOR HOUSING ACCOMMODATIONS WHICH WERE REGULATED
PURSUANT TO THIS LAW OR THE CITY RENT AND
REHABILITATION LAW prior to July first, nineteen
hundred seventy-one, and which became vacant on or
after such date and prior to the local effective date
of the emergency tenant protection act of nineteen
hundred seventy-four, THE RENT RESERVED IN THE last
effective LEASE or other rental agreement; PROVIDED
THAT SUCH INITIAL RENT MAY BE ADJUSTED ON APPLICATION
OF THE TENANT pursuant to subdivision b of section 26-
513 of this chapter.

(2) FOR HOUSING ACCOMMODATIONS WHICH WERE REGULATED
PURSUANT TO THE CITY RENT AND REHABILITATION LAW ON THE
LOCAL EFFECTIVE DATE of the emergency tenant protection
act of nineteen seventy-four, AND THEREAFTER BECOME
VACANT, THE RENT agreed to by the landlord and the
tenant and RESERVED IN A LEASE or provided for in a
rental agreement; PROVIDED THAT SUCH INITIAL RENT MAY
BE ADJUSTED ON APPLICATION OF THE TENANT pursuant to
subdivision b of section 26-513 of this chapter.

(3) FOR HOUSING ACCOMMODATIONS OTHER THAN THOSE DESCRIBED
IN PARAGRAPHS ONE AND TWO of this subdivision, THE RENT
RESERVED IN THE last effective LEASE or other rental
agreement. (Emphasis added)
總之,您的房東有權在合法的範圍之內增加房租,當然您也可以拒絕而另外找新的地方。

所有跟帖: 

回複:回複:NYC Rent Stabilization Law is only for some apartmen -mikejc- 給 mikejc 發送悄悄話 (54 bytes) () 03/02/2007 postreply 09:37:11

回複:回複:回複:NYC Rent Stabilization Law is only for some ap -mikejc- 給 mikejc 發送悄悄話 (143 bytes) () 03/02/2007 postreply 09:40:09

回複:回複:回複:回複:NYC Rent Stabilization Law is only for s -單身老貓- 給 單身老貓 發送悄悄話 (9476 bytes) () 03/02/2007 postreply 11:27:06

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