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   From 1975 when I joined the tenants movement the mantra remains:
 

The Tenants United Will Never Be Defeated

Today we are at the cross-roads. We must protect regulated housing stock and do something proactively to check the ever oppressive ways of the steady rent increase.

If the reader has a decent landlord who plays by the rules and runs a violation-free building read no further—you are not my audience.

Now I address the tenants who can and should fight back.  Those who have landlords who have serious violations against the building or in their individual apartments to those tenants I now say follow the following:

1.    You must monitor the violations against your building—all nature of violations—HPD, Department of Buildings, Fire Department, DEP, Department of Health.

2.    Once you find the violations you must form a tenants association.

3.    Once you form your tenants association your next step is to survey your building.  Your politicos have survey forms.  If they do not have the form they know where you can get one.  Each politico has a housing person who is in contact with tenant advocates to assist you.

   

4.   Now, if you have the substantial violations that I am looking for I am considering an action to stop these landlords from any rent guidelines increase and other proceedings to address failure to deliver services.

The opening of my campaign to bar landlords with substantial violations from rent increases is set out in my open letter to the Rent Guidelines Board which reads:

 

ROBERT A. KATZ

Attorney-at-Law

c/o Collins, Dobkin & Miller, LLP

277 Broadway, Suite 1410

New York, NY  10007

Tel.: 212-587-2400, ext. 13

Fax: 212-587-2410

 

July 11, 2006

 

Hon. Marvin Markus

Chair

Rent Guidelines Board

51 Chambers Street, Room 202

New York, NY  10007

 

Re: Rent Guidelines

 

Dear Mr. Chairman:

 

            As counsel to the Queens League of United Tenants and a tenant attorney and tenant advocate I have elected to speak out in this open letter.

            By this letter I intend to instruct and answer the question that the public member asked at the Board to the effect can anything be done to bar a landlord from a rent increase per guideline where the records show that the landlord has serious violations.  You, of course, basically ignored what is a most significant question.  The answer to the question is found in the following sections of the Rent Stabilization Code:

 

§ 2523.2.  Certification of services

Every owner of housing accommodations subject to this Code shall annually file with the DHCR, on a form which the DHCR shall prescribe for that purpose, a written certification that he or she is maintaining and will continue to maintain all services as required by section 2520.6(r) of this Title, or required to be furnished by any law, or regulation applicable to the housing accommodation.  Compliance with section 2528.3 of this Title, shall also be compliance with this section.

 

§ 2523.3.  Failure to file a certification of services

No owner shall be entitled to collect a rent adjustment pursuant to a rent guidelines board order as authorized under section 2522.5 of this Title, until the owner has filed a proper certification as required by section 2523.2 of this Part, nor shall any owner be entitled to a rent restoration based upon a restoration of services unless such restoration of services has been determined by the DHCR in a proceeding commenced by an owner's application to restore rent or a proceeding commenced pursuant to section 2526.2 of this Title, or in another proceeding pursuant to this Code.  Such restoration shall take effect, where restoration of services has been determined in a proceeding commenced by an owner's application for rent restoration, in accordance with section 2522.2 of this Title and, where restoration of services has been determined by the DHCR in a proceeding commenced pursuant to section 2526.2 of this Title, or in another proceeding pursuant to this Code, on the date specified in the order of the DHCR issued in such proceeding.

(Italics are for emphasis only.)

             I intend to find a course to stop your rent increase en masse as to any landlord who has serious violations (B and C violations).

 

             I expect that many of those who will receive a copy of this open letter will put critical questions to you relative to the question you ignored from the public member.

  I commend this to your attention.

                                                                                                   Respectfully,

                                                                                                   Robert A. Katz

 

cc:        Hon. Michael Bloomberg

            Hon. Christine Quinn

            Hon. Helen Marshall

            Hon. Paul Roldan DHCR

            Hon. Marty P. Markowitz

            Hon. Scott M. Stringer

            Hon. Adolfo Carrion, Jr.

            Dennis Hevisi, New York Times

 

I invite you to write Chariman Markus on this most serious matter.

 

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