Monday, November 1, 2010

Will the rent increase more if the landlord makes capital improvements to the building?

Yes. There are some circumstances under which landlords may petition for a higher than usual rent increase. For example, a landlord can ask for a “capital improvements increase” to cover the cost of improvements beyond ordinary maintenance and repair (e.g. replacing the roof or elevators in the building, or replacing the heating system or window frames in individual units). Increases to cover the costs of such improvements cannot be more than 15%-21% higher than the original rent, can only be implemented after all the improvements have been completed, and will only be in effect long enough to recover the costs of the improvements. Low-income elderly or disabled tenants may qualify for an exemption. Landlords can also ask for a “service and facilities increase” if they substantially increase services or facilities (such as building security or laundry facilities). Tenants have the opportunity to challenge such increases.

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