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All Forum Posts by: Michael Chalke

Michael Chalke has started 10 posts and replied 35 times.

Quote from @Nathan Gesner:
Quote from @Michael Chalke:

It's good to see you know the law.

Question: who is limiting you to a 3.5% rent increase? From what I can tell, you are required to offer a lease renewal, but you can change the terms. I believe you can offer her a renewal at $2,000 a month, she won't be able to afford it, and then you have legal grounds to terminate her lease.

It states this on the from from the dept of housing request for increase form.  Not sure if this is something specific to Passaic County, as I have a rental with section 9 in Yonkers, NY, and it doesn't state this.
Quote from @Nathan Gesner:


Unfortunately, Section 8 increases must be approved by HUD. Keep working with the social worker. If you are that far below market rent, then you should consider terminating this lease and starting fresh with a new tenant at market rate.

Can't terminate a lease in New Jersey just because a landlord wants to increase the rate.  New Jersey has the 1974 Anti-Eviction Act.
My wife and I purchased a three family in Passaic County, NJ a few years ago.  One of the tenants are part of the program ran by the section 8 program in Passaic County.  The annual rent increase is limited to 3.5% a year, however this year, we've spent about 35k in new siding for the building, a new floor for her apartment, a new fan, new stove and hood.  Does anyone know if there is a way to request an increase higher than 3.5% due to all of these capital improvements done on the home?

It's really hard to get in touch with her social worker, as they are usually less than helpful. 

Open to suggestions.  Thank you.
Quote from @Colleen F.:

@Michael Chalke  I would also say unbalanced machines make a loud noise.   You could just ask her to send you a recording of the noise as a first step. overloading can also be an issue.  I know people do what you are saying regarding appliances but I wouldn't.  Unless you were upfront that the washer was left by a previous tenant and you normally only provide hookups I think if it is broke you should  fix it.  you don't want to be left with a leak from her friend who fixed it.

Thanks.  I will ask for a video recording to see if that helps. I will also stop by at the end of the week and take a look in person.
Quote from @Bruce Woodruff:

@Theresa Harris is right. Is it their appliance or your appliance? Whoever owns it fixes it. Plain and simple....


Not sure if it was there's or the previous landlord.
I have a section 8 tenant who is complaining their laundry machine is making a loud noise. My leases clearly state that the "Tenant shall maintain all appliances, equipment, furniture, furnishings and other personal property included under this Lease".  I doubt they have the funds for the repair or if the appliance needs to be replaced.

What would you guys do in this situation?
Quote from @David M.:

@Michael Chalke your broker of record can't help?  You don't know any other agents?

I thought NY had salespersons and brokers licenses.  So, do you already have your brokers license, but not just have your own brokerage, yet?

Yeah, I didn't realize NJ had reciprocity either.

Good luck.


 They're useless, and I am fed up with them.  NY no longer has reciprocity with any state since they increased the amount of hours needed to obtain the license. Yes, I have my assoc. broker license, but I want to break away and be on my own. The politics on anything with them is a nightmare.  They won't let me build a team or have an assistant. Plus, they increased their fees and took a huge chunk of my commissions since Jan 1st. Just want to be on my own.

Quote from @Russell Brazil:

New Jersey I believe has no reciprocity at all with any state. So what happens with your NY license has no bearing on NJ.


 Partly correct.  They will waive the main brokers course (aside from the 60 hours course). NJ also has this rule that someone who has a broker's license in another state can become a broker in NJ, but has to have 3 years of experience as a broker; which I do.

If I switch to my own broker license, do I lose the 4+ years of broker history with my current broker? That is what I am confused about. As I have to submit a transcript from the NYS DOS on my license history. Once the license is closed, the history is gone.

Quote from @Kevin Sobilo:

@Michael Chalke, I'm not sure about NY's laws but I believe an associate broker is working for a brokerage under another broker aka the "broker of record". So, your license reflects in part your role where you work.

I think to have a broker's license as opposed to an associate broker's license, you just need to open up your own brokerage/office. 

Correct.  When I spoke to the NY DOS, they said I just have to setup an additional brokers license and pay the 185.00 fee.  I wasn't sure if that was correct.
Would anyone know how to go about switching a broker's license in New York State to a full brokers license? I want to have my own license moving forward, and there's not much information on the web on how to do this.  I reached out to DOS NY, but they are not much help either.  One sticking point is that I have four years under my belt, and I need that for approval as a broker in New Jersey.  Trying to figure out how to do this without losing my history as a New York assoc. real estate broker.

Could anyone provide some guidance here? Much thanks.