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I'm having trouble understanding the nuances of de-stabilizing a rent-stabilized apartment and the DHCR website is not much help. I'm going to call DHCR on Monday to get more information as well as any rent history for my apartment, but hopefully in the meantime someone can help with some more information.
When we moved in we weren't informed that the apartment is stabilized, but have since found out that 3/6 tenants in the building who have lived here since before or right after the landlord bought the building about 30 years ago are stabilized. My roommate and I have been in our 2-bedroom apartment since this summer, paying $2100. I know that the tenants before us were paying the same for at least the last year of their two year tenancy (around $2100 from mid-2013-2015). Although possible, I find it very hard to believe the apartment has been renting above $2000 since the limit changed to $2500 in 2011. At what point was the maximum changed to $2000 (I'm aware it was $2000 before 2011 and is now $2500 soon to be $2700)? The apartment has not been renovated in at least 10 years, how do renovations factor into rent allowed by law if it was stabilized? I know it is possible that a previous tenant made above the high-income threshold and destabilized the apartment at some point, too.
How possible is it that the landlord has not been renting a stabilized apartment as such? Does the city actually let landlords get away with this? If this is the case, what would the tenant do? I'm not looking for handouts, but if it is stabilized I would obviously want the protections that go along with that.
Like I said, I will be getting the rent history on the apartment, I'm just trying to gather more information. The landlord has proven himself to be a compulsive liar since we've moved in so I don't trust anything he says. He does his job for the most part, albeit with constant reminders, but has lied about some strange things.
Does the city actually let landlords get away with this?
The answer is a loud YES.
A landlord who charges an illegal rent for 4 years is home free...the City (DHCR) will take no action against this slimeball no matter what facts are demonstrated. And whatever he claims to be the legal rent is accepted by the City AS the real rent unless a tenant can prove differently, within 4 years of the crime.
Don't go through mental gymnastics trying to show that an apartment has been decontrolled illegally. If the landlord lied in 2011, that lie is now established truth.
Quote:
The landlord has proven himself to be a compulsive liar since we've moved in
so I don't trust anything he says.
Smart tenants all soon come to that same correct conclusion about ALL landlords.
RS is apt specific. There can be RS and Destabilized apts in the same bldg.
You can request info on your specific apt, in person, in writing or by a phone call. They mail it to the address of the property in question.
It is also possible that your apt is DS yet the rent remains below $2,500. They call it Maximum Allowable Rent. The landlord is entitled to raise the rent annually on a one year lease, bi-annually on a two year lease, and when released after a vacancy, and for remodels, which is not applicable as to your post. LL does not have to rent at the max allowable rent, usually because the market will not justify it. BUT, LL has the right to. A LL's dream is to have new tenants as often as possible to allow the rent to go up when it can.
Good luck. Hope you are RS. Just call and get the history report. It has a name that escapes me at the moment.
the landlord can renovate your apt to brand new with a cost of increase in your rent.
MCI program - for every $40 dollars the landlord spend on your unit, u will have to add extra $1 to your rent
if i spend 20k on your unit, i will add extra $500 on top of $2100 = $2600
just because some tenants lived in your building for very long time and their unit is rent stabilized, it doesnt mean your unit is also rent stabilized.
if the rent in your unit is high enough, it is considered deregulated rent stabilized unit
A landlord who charges an illegal rent for 4 years is home free...the City (DHCR) will take no action against this slimeball no matter what facts are demonstrated. And whatever he claims to be the legal rent is accepted by the City AS the real rent unless a tenant can prove differently, within 4 years of the crime.
Don't go through mental gymnastics trying to show that an apartment has been decontrolled illegally. If the landlord lied in 2011, that lie is now established truth.
Not necessarily. And if s/he is found to have willfully lied, tenants are paid triple the amount swindled in damages.
Housing court will most certainly take such things on. Consider looking into a harassment claim.
Obtain rental histories from DHCR, pursue anything else in Housing Court rather than through DHCR.
And I found that random mention after a two-second search.
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