421-a Building; Landlord never gave renewals (apartments, rental, mortgage)

[SA753]

Hello,

We recently found out that our building has been rent stabilized (since opening in 2009) through a news article. The management has never given us renewal forms, rent stabilization riders, or DHCR registrations for our units. Instead they print out entirely new leases each year with changes that benefit the landlord (ie. they are no longer obligated to continue providing specific amenities) and a 3% rent increase.

Does this mean any leases we've signed with them (excluding the first one) are invalid?

[Harlem resident]

Originally Posted by SA753

Hello,

We recently found out that our building has been rent stabilized (since opening in 2009) through a news article. The management has never given us renewal forms, rent stabilization riders, or DHCR registrations for our units. Instead they print out entirely new leases each year with changes that benefit the landlord (ie. they are no longer obligated to continue providing specific amenities) and a 3% rent increase.

Does this mean any leases we've signed with them (excluding the first one) are invalid?

Yes.

You should file DHCR paperwork right away, including a rent inquiry.
The landlord is liable for overcharges and damages above that, I believe it is triple. You can also file something in housing court ... harassment ? or something. There is more if s/he is receiving a tax benefit and lies, which seems to be what you are saying.

In addition, a good resource is Met Council on Housing.

[SA753]

They are definitely receiving an exemption. The building's tax benefit will amount to 2.5 million dollars over 25 years.

The leases have never mentioned anything about the 421-a program, rent stabilization etc. The only giveaway was this year's lease header: "The attached rider sets forth the rights and regulations under the rent stabilization code" (there was no rider) and that they have been charging a preferential rent (which they call a "discount" when asked why there are two different rent amounts on the lease.)

[hilltopjay]

OMG...someone please call Obama. The landlords are trying to take away our entitlement. God please NOOOOOOO!

[SA753]

OMG INORITE?

Oh and on behalf of my landlord, "Thanks for the $2,500,000, Taxpayer."

[Kefir King]

The attached rider sets forth the rights and regulations under the rent stabilization code"

The rent stabilization law says that all lease provisions must, from year to year, provide the exact same amenities as the previous lease OR BETTER.
But overall the lease is an anachronism in rent stabilization, becasue the LAW establishes what landlord-tenant can and will do during the tenancy.

[jcoltrane]

Questions for the OP:

A) what does the 421a tax abatement have to do with your rent status?

B)l do you have any idea what is/was the purpose and impotence of 421a AND J51 tax abatement programs?

C) do you comprehend that 'buildings' are NOT regulated. Apartments are regulated! Which is how and why there can be a rent controlled, rent stabilized, market rent, and even a cooperative, all in a single building.

D) what's your beef re 3% rent increases???? Seems you're not aware that for the last several years, stabilized rent increases have been in the range of 2 and 4%, for 1 and 2 year leases, respectively.

If you believe there is an issue with rent and rental status of your apartment, then go to the DHCR, which is the regulating agency.

[SA753]

Originally Posted by jcoltrane

A) what does the 421a tax abatement have to do with your rent status?

It's the reason my unit is stabilized.

Originally Posted by jcoltrane

B)l do you have any idea what is/was the purpose and impotence of 421a AND J51 tax abatement programs?

To titillate developers while "supporting affordable housing." I agree that the programs are, as you say, rather impotent. Their effectiveness is widely debated. For my specific building, the benefits were given in order to prevent my neighborhood from becoming "blighted" should the building's mortgage default.

Originally Posted by jcoltrane

C) do you comprehend that 'buildings' are NOT regulated. Apartments are regulated! Which is how and why there can be a rent controlled, rent stabilized, market rent, and even a cooperative, all in a single building.

Our building contains only 421-a income restricted units and 421-a market value units. All units for my building are registered annually with the DHCR.

Originally Posted by jcoltrane

D) what's your beef re 3% rent increases???? Seems you're not aware that for the last several years, stabilized rent increases have been in the range of 2 and 4%, for 1 and 2 year leases, respectively.

I don't have beef with a 3% rent increase. You don't seem to understand the problem.

Originally Posted by jcoltrane

If you believe there is an issue with rent and rental status of your apartment, then go to the DHCR, which is the regulating agency.

I have. They say our entire building is rent stabilized and the management is engaging in fraud.


Here's a question: what exactly was the point of your little spiel here?