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Fortunately I think anyone reading this will understand your "points." It's quite evident. This is a good thing.
I am not necessarily anti-landlord - having encountered many equally bad tenants - but the stupidity rather pushes a person in this direction.
I just realized - that's all we need, yet another troll.
Troll? How so? You're the troll. I just pointed out cold hard facts. You couldn't provide facts on tenant harassment so your argument went nowhere. Don't get mad cause you got shot down. Based on your previous post, its quite obvious you are pro-rent regulation. So anything coming out your mouth is to defend Rent Stabilization despite all the studies done be economist from both sides of the political field as to why Rent Control laws do more harm than good. But I guess we'll ignore that as it doesn't fit with your agenda.
Good thread. Unfortunately I now find myself in this very situation. My preferential rent was raised to legal rent and it's about a $400-450 difference.
" However, the rent laws impose a condition on an owner's right to charge the claimed legal regulated rent. The legal regulated rent must have been written in the vacancy or renewal lease in which the preferential rent was first charged. Registration with DHCR of the legal regulated rent by itself will not establish the legal regulated rent for future usage"
In other words, you have it backwards--the fact that the landlord didn't say anything in the lease about the preferential vs. legal rent means that he CANNOT charge you the legal rent upon renewal.
I would say nothing unless your landlord actually tries to charge you the legal rent. FWIW, I've known multiple people in your situation--except their landlords DID include the preferential and legal rents in the lease in order to preserve their right to charge the legal rent--and none has ever suddenly been hit with the legal rent.
Nycgal.
Binx has it right in my opinion and I went thru an almost similar thing 4 years ago.
Quote:
Originally Posted by bluedog2
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.
Are you sure that DHCR notifies or makes the info available to, the owner when a Tenant asks for rental history? Why should they do that? Tenant in a RS apt has the right to know, but I'm not sure LL has the right to know of the tenant inquiry.
Good thread. Unfortunately I now find myself in this very situation. My preferential rent was raised to legal rent and it's about a $400-450 difference.
that sucks - how much is it now, how big of an apartment?
$1,100 for a 2 bedroom apartment is cheap. In fact, the market rate rent for a 1 bedroom apartment is between $1,100-$1,200. So consider yourself luck that you were paying $400 below market rate for your 2 bedroom apartment.
Market rent for a 2 bedroom apartment in the Bronx is between $1,400-$1,550.
Binx has it right in my opinion and I went thru an almost similar thing 4 years ago.
Are you sure that DHCR notifies or makes the info available to, the owner when a Tenant asks for rental history? Why should they do that? Tenant in a RS apt has the right to know, but I'm not sure LL has the right to know of the tenant inquiry.
Landlords are notified if a rent determination investigation is begun.
Knowing the actual legal rent and the manner in which this was calculated is a legal right of tenants. Period.
The ignorant "snooping" comments were objectionable because they attempted the circulation of false information. It is entirely false that investigating legal rents is "snooping."
In addition, launching an investigation of legal rent determinations is also a legal right of tenants. A landlord discouraging this in any way can be charged with harassment if the tenant is responsible and follows through - thus, the story the other day. Different organizations are beginning to reach out to tenants about his. I have done it myself.
One might even say that there is a social ethic - everyone should be involved in making sure that real estate speculation, already out of control, obeys at least some imperative of the law. It benefits everyone, although the real estate people will "explain" otherwise.
It is my sense that things are beginning to change. I have heard comments lately from people I would never have expected, comments that were very anti-real estate speculation and development. They do not like the ambience that this environment has created and are beginning to complain. I guess they miss the old artist types who have been priced out, and the small businesses. Moreover, there have been a few cases won lately and I was astonished.
Landlords are notified if a rent determination investigation is begun.
Knowing the actual legal rent and the manner in which this was calculated is a legal right of tenants. Period.
The ignorant "snooping" comments were objectionable because they attempted the circulation of false information. It is entirely false that investigating legal rents is "snooping."
In addition, launching an investigation of legal rent determinations is also a legal right of tenants. A landlord discouraging this in any way can be charged with harassment if the tenant is responsible and follows through - thus, the story the other day. Different organizations are beginning to reach out to tenants about his. I have done it myself.
One might even say that there is a social ethic - everyone should be involved in making sure that real estate speculation, already out of control, obeys at least some imperative of the law. It benefits everyone, although the real estate people will "explain" otherwise.
It is my sense that things are beginning to change. I have heard comments lately from people I would never have expected, comments that were very anti-real estate speculation and development. They do not like the ambience that this environment has created and are beginning to complain. I guess they miss the old artist types who have been priced out, and the small businesses. Moreover, there have been a few cases won lately and I was astonished.
Show me where I said it's illegal for a tenant to snoop around? Never said such a thing. What I did say was that it will not sit well with the LL once he finds out the tenant's been snooping around with DHCR on the legitimacy of the legal rent.
In the event that the legal rent is indeed legit, the LL could discreetly charge the snooping tenant the higher legal rent when their lease expires in which, by the way, the LL is entitled to get anyway and in which the tenant will have to move because the legal rent being charged is higher than the market rent in the area. Think of it as a big F.U. parting gift to the snooping tenant for putting the LL through that ordeal.
And if the tenant were to charge the LL with harassment, it will get thrown out of court as there is no proof the LL harassed the tenant. What the LL simply did was exercise his right to charge the legal rent once the lease expires. That simple.
The only way a tenant should attempt to snoop around for the legitimacy of the legal rent is if they are 99.9% sure the legal rent is false. Other than that, snooping around has consequences, meaning the tenant would have to pony up some addition $$$ for the security deposit, first month's rent and moving expenses for their new place because the LL will for sure stick it to the tenant and charge them the higher legal rent as payback, forcing the tenant to move.
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