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Old 02-21-2015, 06:46 PM
 
Location: West Harlem
6,885 posts, read 9,894,607 times
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Quote:
Originally Posted by Henna View Post
Yes, provided the LEGAL RENT (not the preferential rent) is not being exceeded. He should read his lease. There should be an amount for the legal rent and another amount for the preferential rent. When his lease is renewed, they can't raise it above the legal rent. This is my understanding as a layperson; I am not an expert. You should do as Harlem Res says and read tenant info online at sites that specialize in these things.
The rent can be raised from the preferential rent at any renewal.
This is one of the newer ways to accomplish deregulation - complicated, and complicated to contest but not impossible. Thus my advice.
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Old 02-21-2015, 06:53 PM
 
Location: West Harlem
6,885 posts, read 9,894,607 times
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Quote:
Originally Posted by allpro123 View Post
Yes the landlord can raise your tenant's rent $700 assuming your neighbor has a lower preferential rent.

For example: Your neighbor pays a preferential rent of $1,000 with a legal regulated rent of $2,200. When your neighbor's lease expires, the landlord has the legal right to charge your neighbor $2,200 or any number below the $2,200. So say the landlord offered your neighbor a new rent of $1,700, there's your $700 rent increase as the landlord in entitled to collect it.

Yes, you can snoop around with DHCR to confirm the legal rent is legit but the landlord will get wind of you snooping around. If the legal rent turns out to be legit, expect your next renewal lease to have no discount and at legal rent. In other words, start looking for another apartment. Damned if you do, damned if don't.
Inquiries are not "snooping" in any sense of the word. And if the landlord retaliates against an honest inquiry he can be sued for harassment. Nor is it necessarily the case that the rent would automatically be raised in retaliation.

For rent inquiries, once you have a rental history in hand, I would advise housing court over DHCR - they are far from tenant-sympathetic.

Some (perhaps many) of these raises are not legitimate but landlords have nothing to lose by trying.
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Old 02-21-2015, 07:05 PM
 
12,340 posts, read 26,048,789 times
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Quote:
Originally Posted by Harlem resident View Post
The rent can be raised from the preferential rent at any renewal.
This is one of the newer ways to accomplish deregulation - complicated, and complicated to contest but not impossible. Thus my advice.
Yes, I agree with you. Maybe what I wrote was unclear. They need to look at the number for the legal rent on their lease, and not look at the preferential rent number, if they want to know what the landlord can increase it to at the next lease renewal.
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Old 02-22-2015, 11:22 AM
 
931 posts, read 797,496 times
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Quote:
Originally Posted by Harlem resident View Post
Inquiries are not "snooping" in any sense of the word. And if the landlord retaliates against an honest inquiry he can be sued for harassment. Nor is it necessarily the case that the rent would automatically be raised in retaliation.

For rent inquiries, once you have a rental history in hand, I would advise housing court over DHCR - they are far from tenant-sympathetic.

Some (perhaps many) of these raises are not legitimate but landlords have nothing to lose by trying.
How is the tenant going to prove the landlord retaliated by raising the tenant's rent to the legal regulated rent? The burden of proof is on the tenant. Unless there is some type of paper trail via email or letters where the LL specifically said I'm going to raise your rent because you has the nerve to go behind my back and scrutinize me, then the so-called "harassment" case will go nowhere. But the end result for the tenant is looking for a new place to live. So at the end of the day, the LL wins and the tenant will lose.
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Old 02-22-2015, 01:05 PM
 
Location: West Harlem
6,885 posts, read 9,894,607 times
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Quote:
Originally Posted by allpro123 View Post
How is the tenant going to prove the landlord retaliated by raising the tenant's rent to the legal regulated rent? The burden of proof is on the tenant. Unless there is some type of paper trail via email or letters where the LL specifically said I'm going to raise your rent because you has the nerve to go behind my back and scrutinize me, then the so-called "harassment" case will go nowhere. But the end result for the tenant is looking for a new place to live. So at the end of the day, the LL wins and the tenant will lose.
Not at all what actually happens.
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Old 02-22-2015, 03:59 PM
 
15,514 posts, read 15,505,139 times
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Quote:
Originally Posted by bluedog2 View Post
P.S. Sounds like you are already headed down the path of souring the relationship with your landlord.I'm sure he will be thrilled when he sees that you have filed to get the rent history of the apartment.That in itself could trigger the end of the preferential rent.
My thoughts exactly, Blue Dog.
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Old 02-22-2015, 05:17 PM
 
931 posts, read 797,496 times
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Quote:
Originally Posted by bluedog2 View Post

P.S. Sounds like you are already headed down the path of souring the relationship with your landlord.I'm sure he will be thrilled when he sees that you have filed to get the rent history of the apartment.That in itself could trigger the end of the preferential rent.
My point exactly Bluedog. Harlem Resident, are you paying attention to the consequences of snooping around?
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Old 02-22-2015, 06:19 PM
 
Location: West Harlem
6,885 posts, read 9,894,607 times
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Quote:
Originally Posted by allpro123 View Post
My point exactly Bluedog. Harlem Resident, are you paying attention to the consequences of snooping around?
No need to. I have seen the actuality. Some deserved it, some did not. Many tenants win harassment cases and many more now will is my guess.

It is amusing to observe how many people are afraid of corrupt landlords, although... I do believe it is probably "press" to dissuade anyone who might read. It reminds me of the shrieking hysteria formed around convictions that most rent stabilized leases are held by scheming millionaires. I have encountered quite few of those.
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Old 02-23-2015, 05:20 AM
 
931 posts, read 797,496 times
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Quote:
Originally Posted by Harlem resident View Post
No need to. I have seen the actuality. Some deserved it, some did not. Many tenants win harassment cases and many more now will is my guess.

It is amusing to observe how many people are afraid of corrupt landlords, although... I do believe it is probably "press" to dissuade anyone who might read. It reminds me of the shrieking hysteria formed around convictions that most rent stabilized leases are held by scheming millionaires. I have encountered quite few of those.
You still haven't explained how a tenant can claim harassment on their preferential rent being raised to the legal rent for snooping around behind the LL's back without any proof other than "gut" feeling which isn't proof at all.
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Old 02-23-2015, 06:51 AM
 
Location: West Harlem
6,885 posts, read 9,894,607 times
Reputation: 3062
Quote:
Originally Posted by allpro123 View Post
You still haven't explained how a tenant can claim harassment on their preferential rent being raised to the legal rent for snooping around behind the LL's back without any proof other than "gut" feeling which isn't proof at all.
Nor is it my job to do so.
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