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Old Yesterday, 04:11 PM
1 posts, read 79 times
Reputation: 10


Hi Everyone!
Sorry ahead of time, i'm not good at writing.

I believe I am living in a rent stabilized apartment but am being told by my landlord Im not. My landlord mentioned twice that I do not have a rent stabilized apartment. Once when I signed my lease to move in. The second time was last week when my lease renewal letter came in. It stated in bold letters, "THIS APARTMENT IS NOT SUBJECT TO RENT STABILIZATION".

I have spent a lot of time researching and feel pretty confident that i'm correct, but was hoping someone on these forums could validate my information before I attempt to approach my landlord about this.

Details about my lease/building and why I think it's a rent stabilized apartment
- Lease started on Jan 15th 2018 for an all utilities included apartment with a preferential rent of $1600, the legal amount is $2400.
- When I signed my lease in 2018, it came with a "Lease rider for rent stabilized tenants" (which I think means my apartment is rent stabilized), as well as another lease rider that outlined the legal rent and preferential rent.
- I have requested and received my apartments rent history from the DHCR's Office of Rent Administration and my apartment is coded RS under apartment status (Rent Stabilized)
- Built In The 1930's and has over 115 units


Now for the second part of my post, do i qualify for the new rent laws regarding preferential rent that passed on June 2019?

According to the following sources, it seems to be a solid yes...

#26 Guide to Rent Increases for Rent Stabilized Apartments / Renewal Lease Section
"Renewal Lease When a tenant signs a renewal lease, they can choose between a 1 or 2-year option and the allowable increase is set by the local rent guidelines board. (See the Recent Lease Guideline Rates chart.)

Effective June 14, 2019 owners who are collecting a preferential rent, upon renewal of the lease, can increase the legal and preferential rents by the lawful rate increases but only collect an increase based on the preferential rent. The higher legal regulated rent and related increases can only be collected when the apartment is vacated and rented to a subsequent tenant. See Fact Sheet #40 for more details."
#40 Preferential Rents / Whole Sheet

And a few sections on this source...
[url=http://metcouncilonhousing.org/help_and_answers/preferential_rents]Preferential Rents | Metropolitan Council on Housing[/url]

"If your lease is renewal date is after June 14, 2019, your “preferential rent” should only go up by the rent guidelines board and any other legal rent increases. Your landlord can not revoke your preferential"
"Preferential rent is any rent charged to a rent stabilized tenant that is lower than the legal rent. As of June 14, 2019, your landlord can now only raise your rent by the rent guidelines board and any other legal rent increases. There is a maximum legal rent for each apartment, based on the unique history of that apartment. It's not based on the apartment's size, nor the going rent of apartments in that area, nor the income of the tenant. Rents can be increased by small amounts every time the lease is renewed, and by larger amounts every time there is a new tenant or the apartment is renovated."
"What happens to my preferential rent when I renew the lease? As of June 14, 2019, your rent should only go up according to legal rent increases such as the rent guideline board, MCIs and/or IAIs. The rent will never jump to the legal rent while you are a tenant. This is true even if you signed your lease before the change in the law, as long as your lease begins after June 14, 2019."

Regarding my lease renewal, according to the following sources, I should of been offered a renewal form with an option for 1 or 2 years, that also came with an updated copy of the New York City Lease Rider For Rent Stabilized Tenant. The rent on the renewal form should of been based off of my preferential rent from my original lease in 2018.

The increase to rent should only be what the rent guidelines board allows which is...
- 1.5% for a 1 Year Lease Renewal, or
- 2.5% for a 2 Year Lease Renewal

So either $24 (1 Year) or $40 (2 year)

# 4 Lease Renewal in Rent Stabilized Apartments

Generally, tenants in rent stabilized apartments must be offered renewal leases. The renewal lease can be for a term of one or two years, at the tenant's choice and is at a rate set by the local Rent Guidelines Board. The renewal lease offer must be made on a form created by or on a facsimile approved by the Division of Housing and Community Renewal.
When a tenant receives the Lease Renewal Form, a copy of either the New York City Lease Rider For Rent Stabilized Tenants (for NYC apartments) or the Emergency Tenant Protection Act (ETPA)
STANDARD LEASE ADDENDA for Rent Stabilized Tenants (outside of NYC) must be attached.
These will explain how the proposed rent was computed and describe the rights and obligations of
tenants and owners under the Rent Stabilization Law.
I was only offered a one year renewal at the legal rent amount and did not receive a new updated copy of the lease rider. Also my lease renewal form just looked like something drafted up semi-professionally in Word. I was told it should of been offered on this form, [url]https://hcr.ny.gov/system/files/documents/2019/09/RTP-8.pdf[/url].


I was advised by a few people that these are the 3 routes I should approach if my landlord did not follow the law.

- Sign and return the renewal form that stated the apartment was not rent stabilized and with the rent raised to the legal amount of $2400 (+1.5% increase). Then file for a rent overcharge with the DHCR (which I understand can take a while). Continue paying the legal rent at this time.

- Contact the landlord about the issue and don't sign or return anything. Apparently if the landlord does not provide me the correct lease renewal form in the alloted time I can continue to pay my original rent and not worry about being kicked out or sued until a correct renewal lease form is provided.

- Contact a Lawyer who specialized in tenet & lawer issues.

In either of those scenarios, I was told to not withhold rent as that will complicate things on my end. Does this all sound about right? Sorry for the long post, thanks for any help you guys can provide.

Last edited by pnpboi; Yesterday at 04:21 PM..
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Old Yesterday, 04:26 PM
827 posts, read 440,845 times
Reputation: 960
With all due respect this is not the place. A lawyer is the person to contact.
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Old Yesterday, 06:22 PM
21,697 posts, read 14,384,874 times
Reputation: 15246
Another one.....

In less time than it took to type out that OP could have had more success with Google:

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Old Yesterday, 07:59 PM
71 posts, read 23,758 times
Reputation: 101
There is no such thing as "legal rent" and "preferential" rent on non-stabilized apartments. If they are not rent stabilized, landlords can charge whatever they want. If you got a rider for a rent stabilized lease - your apartment is rent stabilized.

But yes, a lawyer can help you more than we can.
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Old Yesterday, 08:26 PM
11,446 posts, read 22,036,997 times
Reputation: 9081
You could also try Metropolitan Council. They have a hotline for questions. Free Tenants' Rights Telephone Hotline | Metropolitan Council on Housing
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Old Today, 09:32 AM
Location: New York, NY
1,962 posts, read 1,341,787 times
Reputation: 2390
It sounds like your apartment is indeed RS. I have several friends that have preferential rents in RS apartments, who recently resigned. They took the one year option and the rent was increased only the 1.5% that was passed by the rent board. Their rent went up like $30 a month. The past years their preferential rent was going up hundreds of dollars. lol.

If your landlord is trying to *********. You may want to reach out to the above free tenants rights hotline.
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