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Old 07-02-2015, 09:19 AM
 
Location: NYC
5,206 posts, read 4,668,615 times
Reputation: 7971

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I just found out from management that my apartment isn't stabilized because the legal rent had been over $2000 years ago even though I have never been charged this amount. I have lived here for 7 years now. Does this sound typical? I know I can contact DHCR for rent history but at this point, I'm not interested in challenging what he says because the increases are rather reasonable. However, they are not 0% based on the latest RS guidelines. It's just odd that for all the years I've lived here, he has stayed within the guidelines until now even though my apartment supposedly hasn't been stabilized the entire time.

Hopefully this thread doesn't degenerate into an argument about the merits of rent stabilization.
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Old 07-02-2015, 10:17 AM
 
197 posts, read 517,438 times
Reputation: 170
Some people get confused, the 0% ONLY applies to the LEGAL RENT. So a landord cannot increase it, but if you are charged Preferential Rent or not Stabilized, that 0% wouldn't apply to your rent amount.

For example, Legal rent is 1900, preferential rent is 1200. I cannot increase the 1900 Legal Rent number, because of the 0% this year, but I can increase the 1200 Preferential amount to anything up to 1900.
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Old 07-02-2015, 11:46 AM
 
Location: West Harlem
6,885 posts, read 9,927,019 times
Reputation: 3062
Quote:
Originally Posted by Adhom View Post
I just found out from management that my apartment isn't stabilized because the legal rent had been over $2000 years ago even though I have never been charged this amount. I have lived here for 7 years now. Does this sound typical? I know I can contact DHCR for rent history but at this point, I'm not interested in challenging what he says because the increases are rather reasonable. However, they are not 0% based on the latest RS guidelines. It's just odd that for all the years I've lived here, he has stayed within the guidelines until now even though my apartment supposedly hasn't been stabilized the entire time.

Hopefully this thread doesn't degenerate into an argument about the merits of rent stabilization.
Do not deal with DHCR past rental histories anyway (it's the only venue for them) - housing court is always vastly preferable.

Landlords commonly try to mask status in order to get past the time thing. This is routinely challenged in court, and successfully, for that reason. They usually do stay within the guidelines because if they do not, they can owe you triple damages and even more for the overcharge once they are found out.

Because you said you do not know I am assuming they were not open with paperwork - the usual reason these things are overturned.
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Old 07-02-2015, 11:49 AM
 
Location: West Harlem
6,885 posts, read 9,927,019 times
Reputation: 3062
Quote:
Originally Posted by DitmarsNY View Post
Some people get confused, the 0% ONLY applies to the LEGAL RENT. So a landord cannot increase it, but if you are charged Preferential Rent or not Stabilized, that 0% wouldn't apply to your rent amount.

For example, Legal rent is 1900, preferential rent is 1200. I cannot increase the 1900 Legal Rent number, because of the 0% this year, but I can increase the 1200 Preferential amount to anything up to 1900.
Another smoke screen exists in the phenomena of "preferential rents." These are usually based on claimed renovations, which are never inspected. There are probably landlords who are honest with this but there are also many who are not.

And yeah ... I know very well what they are. No need for anyone to explain.
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Old 07-02-2015, 05:52 PM
 
Location: Manhattan
2,498 posts, read 3,773,062 times
Reputation: 1608
Quote:
Originally Posted by DitmarsNY View Post
Some people get confused, the 0% ONLY applies to the LEGAL RENT. So a landord cannot increase it, but if you are charged Preferential Rent or not Stabilized, that 0% wouldn't apply to your rent amount.

For example, Legal rent is 1900, preferential rent is 1200. I cannot increase the 1900 Legal Rent number, because of the 0% this year, but I can increase the 1200 Preferential amount to anything up to 1900.
This point right here should end this discussion.
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Old 07-02-2015, 05:57 PM
 
31,899 posts, read 26,945,953 times
Reputation: 24801
Quote:
Originally Posted by Adhom View Post
I just found out from management that my apartment isn't stabilized because the legal rent had been over $2000 years ago even though I have never been charged this amount. I have lived here for 7 years now. Does this sound typical? I know I can contact DHCR for rent history but at this point, I'm not interested in challenging what he says because the increases are rather reasonable. However, they are not 0% based on the latest RS guidelines. It's just odd that for all the years I've lived here, he has stayed within the guidelines until now even though my apartment supposedly hasn't been stabilized the entire time.

Hopefully this thread doesn't degenerate into an argument about the merits of rent stabilization.
Pipe: Preferential Rents | Metropolitan Council on Housing
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Old 07-03-2015, 06:12 AM
 
Location: Manhattan
25,368 posts, read 37,063,795 times
Reputation: 12769
Quote:
Originally Posted by Adhom View Post
I just found out from management that my apartment isn't stabilized because the legal rent had been over $2000 years ago even though I have never been charged this amount. I have lived here for 7 years now. Does this sound typical? I know I can contact DHCR for rent history but at this point, I'm not interested in challenging what he says because the increases are rather reasonable. However, they are not 0% based on the latest RS guidelines. It's just odd that for all the years I've lived here, he has stayed within the guidelines until now even though my apartment supposedly hasn't been stabilized the entire time.

Hopefully this thread doesn't degenerate into an argument about the merits of rent stabilization.

Seems pretty likely your landlord is a crook.
Write DHCR and check...nothing to lose.
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