McKee adds that tenants have the right to meet in common areas of a building, such as a lobby or community room, as long as they do so at reasonable hours and without blocking entrances or exits to the building. Landlords also may not prevent tenants from doing so, and may not charge a fee for meetings held in a community room (if a community room exists).

"Those are the provisions of the real property law of the state of New York, not part of rent control or rent stabilization laws," McKee says, and he adds: "There is no restriction on number of tenants in a building, either."

Taking A Stand
Actress Elizabeth Grey founded a tenant association in her rent-stabilized apartment building shortly after her landlord included a new rider to her renewal lease.

"I got a notice from my landlord with my renewal lease saying that because of a certain tax code, which I think is a JPG-57, he wanted me to sign a rider attached to my renewal lease. The rider stated that on or before the year 2007 my apartment would be decontrolled when the tax abatement expired," Grey says, and she adds: "I felt like something was wrong about it. I did not want to sign anything that would decontrol my apartment."

Grey called the landlord's office to learn more about the rider. The answer she received did not satisfy her. So, frustrated with the process and limited by the 60 days allotted for her to return the signed renewal lease, she decided to act.

"I just realized that I had to take care of my living space and that no one was going to do it for me," Grey says.

Grey called DHCR and began to learn more about her rights.

It's a Contract
One thing you need to know is that a lease is more than an agreement; it is a legal contract. You agree to pay. They agree to render services. Tenants know that if they fail to meet their end of the bargain, they can be evicted. Landlords know that they will face fines and/or jail time should they fail to comply with their end of the deal.

In Grey's case, she read her lease very carefully to find out what they were supposed to provide her. If they were not providing services that they said they would provide her, she told them. When they did not move on it, she called DHCR to complain.

"They tend to move if they lose money," Grey says, referring to how landlords' react to complaints filed at the Department of Housing and Community Renewal (DHCR) because the DHCR can impose fines.

Where Do You Start
Be cautious before you start to file complaints against your landlord. First, try to resolve the matter with the landlord. If a phone call does not work the first time, then send a letter.

"It is usually a good idea to put the landlord on notice in writing before you do anything, 'Here is the problem and we're asking you to fix it,'" McKee says.

Grey agrees, "Put everything in writing. Create a paper trail and carbon copy everyone you have contact with. This way, if anything ever goes to court I have all the documents." She also recommends sending everything by certified mail.

There are two good reasons for sending certified mail. One is that you have a dated receipt from the post office for your records. Two is that you have to pay a few dollars to send your letter, which conveys to your landlord just how serious you take the matter.

"I totally agree because then the landlord cannot say to you 'I did not get it,'" McKee says. But sometimes, he says, you must send your correspondence by both certified mail and regular mail because landlords sometimes won't accept certified mail.

Getting Organized
The reasons for forming a tenant organization are simple.

"If you work with people in the building, it's much easier to get things done," Grey says.

Imagine one person writing their landlord or calling DHCR. Now imagine 20 people writing their landlord or contacting DHCR. Acting alone may get you somewhere, but working together will likely get you there faster.

"Organizing is 95 percent common sense," McKee says. He adds that it also is an involved process that takes place over a period of time. "You don't organize a building with one meeting," McKee says.

For starters, it is difficult to rally people in general. Any number of reasons can contribute to why some tenants won't join together. Sometimes they are afraid the landlord will retaliate, according to McKee. Sometimes they are unsympathetic to their neighbors. In order to get things off the ground, McKee says, you have to be prepared to deal with people and listen to people. And you should not wait until you organize everybody.

"There is no magic number," he says.

Any Which Way Will Do
There also is no one way to organize. Volunteer organizations can operate any way they choose to operate. Filing papers, electing officers, establishing bylaws are often not necessary, McKee says. In a small building, you may not need to elect officers; such delineation of duty may be superfluous with a small group. Conversely, in large buildings with lots of apartments, you may need to name (or elect) floor captains. Also, bylaws may or may not be necessary, depending upon whether divisive issues exist between tenants. The bottom line is that not adopting structural measures does not make your group weaker. Consequently, when you organize, you should only adopt those measures that make your organization stronger.

You also don't have to organize around, or focus on, landlord-related issues. For instance, when someone in the building plays his/her music loudly, a tenant organization makes it easier to remedy. It also develops a sense of community when dealing with the landlord.

"You get to know your neighbors and watch out what goes on in the building," Grey says.

Sample Path to Organizing You Building

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• Talk to Your Neighbors
• Are they experiencing problems like you?
• Have they had problems in the past?
• Would they be interested discussing ways to improve the situation?
• Set Up a Meeting
• Find a good time to meet.
• Pick a convenient, comfortable and place in the building, an apartment or a public place like a coffee shop.
• Compose a letter, note or flyer letting other tenants know that you have planned a meeting and what the reason is.
• Distribute the note or slip it under their doors.
• Make the Meeting Count
• Pre-Meeting
• Construct an agenda
• Bring extra pens and paper for others to participate.
• Have someone agree to take meeting notes.
• Have everyone who attends sign-in, leaving their contact information.
• Meeting
• Poll attendees for a list of problems in the building. Try to limit the discussion to problems that affect more than one tenant.
• Is the lobby maintained? Is the rest of the building clean?
• Are there any unresolved maintenance issues?
• Is the garbage being collected in a timely manner?
• Are there any pest problems?
• Try to reach consensus on where each issue belongs priority-wise.
• Discuss how tenants have dealt with these issues in the past.
• Was the landlord or someone else notified? Who? How? When?
• Discuss ways to get action on these concerns.
• Decide on whether to form a tenants' association. If it involves a large number of people, take a vote on the issue. Remember, you don't need the whole building to participate.
• Post Meeting
  (tasks people will have to do)
• Create and distribute meeting notices.
• Call people on the phone list.
• Write letters to the landlord, managing agent, appropriate government agencies, elected officials, you name it.
• Research tenant laws, the building's owner and other necessary topics.
• Keeping records including meeting notes, correspondence and everything else.

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Where To Look For Help
Under the Pataki adminstration, DHCR is less tenant-friendly, according to McKee.

"Sometimes it makes sense to file a complaint with them, but going to them for help or advice is not advisable," McKee says.

For its part, Tenants & Neighbors sends organizers to buildings, providing fledgling building organizers with the tools and know-how to organize.

"We do not do individual counseling," McKee says. "People say, 'I have one simple questions', but there is no such thing in landlord tenant law in New York State." He adds that the organization's resources are stretched thin already without devoting any energy to individual counseling.

He urges those seeking individual counseling to locate a local group in their area. There are many of these community groups throughout the city.

LINKS

• NYS Attorney General's Tenant's Rights Guide
• Tenant.net's organizer resource