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Old 11-22-2015, 09:18 PM
 
6 posts, read 4,228 times
Reputation: 10

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I signed a vacancy lease in Jan 2015 for a 1 bed apt w/terrace in downtown brooklyn. I've already lived within the building before so I understood that I would be getting a preferential rate like my other units. This is a 421-a rent stabilized building although w/the pref. rates as most know you don't get the low percentage of increase when you renew since the landlord/management co can technically raise up to the legal regulated rent established.
Anyway, I was given my renewal lease and found a few things that seemed off.
1. My ex's name is still on the lease even though we formally signed him off in June and I was the sole person on the lease. I let management know right away but so far they have not revised.
2. I compared my vacancy lease to my renewal and the vacancy lease said the previous tenant's legal rent was $4605.85 and with the 18.5% vacancy increase the new legal rent would be $5446.42. But, on the renewal it says my legal rent is $4605.85 (not sure if this is a good thing and works in my favor or against me) - more on that in a bit.
3. My renewal lease shows that at the $4605.85 they aren't making an increase (as per the new law) BUT on my preferred rent it's going up 10% (for 1 year) and about 11% (for 2 year).
4. I got the rental history on the apt. since it's only a 5 year old building and got 2 different reports sent to me. One with correct apt. # & original tenant (2year lease) and the 2nd tenants (at 1year lease). The 2nd tenants are shown as lease renewal which wouldn't make sense. But, their pref. rate only increased by about 3.5% from the 1st tenant. Then it states *reg. not found* for 2014. This bring me to the second rental history report I received the same day with shows the history from 2014-15 but the apt. # is really weird. It's almost a 10 digit number instead of just 1# and letter. The history is odd on this report too because the tenants shown from May/13 - May/14 are listed as the 1st initial tenant, one of the tenants for the 2nd term, and then someone new. In addition, there's a 6 mo. space from May/14 until my ex and I moved in not accounted for on the rental history. Yet, I know the name of the person living in the unit before I took it over. So, they didn't register it with her. And not sure why it would be for 6 months since they don't do 6 month leases here.

I'm going back to my point about where it states that the previous tenant was paying $4605.85 as the legal rent. If she's missing from the report then I don't know this is true. Or if it matter since I'm paying preferential rate anyway.

From the history report the preferential rate never increased more than 4% between different tenants except now when I'm trying to renew. They haven't been cooperative in negotiating with me. Need help since I'm exhausted from doing research and not sure if I have any options or just will need to move.

Thanks!!!!!
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Old 11-23-2015, 06:46 AM
 
113 posts, read 216,702 times
Reputation: 53
Did you get the rent history dating back to 1980s? Shows rent for every year from 1980s to current day. You can catch any abnormal shady illegal rent increase
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Old 11-23-2015, 07:08 PM
 
296 posts, read 481,540 times
Reputation: 90
Quote:
Originally Posted by msinu2015 View Post
I signed a vacancy lease in Jan 2015 for a 1 bed apt w/terrace in downtown brooklyn. I've already lived within the building before so I understood that I would be getting a preferential rate like my other units. This is a 421-a rent stabilized building although w/the pref. rates as most know you don't get the low percentage of increase when you renew since the landlord/management co can technically raise up to the legal regulated rent established.
Anyway, I was given my renewal lease and found a few things that seemed off.
1. My ex's name is still on the lease even though we formally signed him off in June and I was the sole person on the lease. I let management know right away but so far they have not revised.
2. I compared my vacancy lease to my renewal and the vacancy lease said the previous tenant's legal rent was $4605.85 and with the 18.5% vacancy increase the new legal rent would be $5446.42. But, on the renewal it says my legal rent is $4605.85 (not sure if this is a good thing and works in my favor or against me) - more on that in a bit.
3. My renewal lease shows that at the $4605.85 they aren't making an increase (as per the new law) BUT on my preferred rent it's going up 10% (for 1 year) and about 11% (for 2 year).
4. I got the rental history on the apt. since it's only a 5 year old building and got 2 different reports sent to me. One with correct apt. # & original tenant (2year lease) and the 2nd tenants (at 1year lease). The 2nd tenants are shown as lease renewal which wouldn't make sense. But, their pref. rate only increased by about 3.5% from the 1st tenant. Then it states *reg. not found* for 2014. This bring me to the second rental history report I received the same day with shows the history from 2014-15 but the apt. # is really weird. It's almost a 10 digit number instead of just 1# and letter. The history is odd on this report too because the tenants shown from May/13 - May/14 are listed as the 1st initial tenant, one of the tenants for the 2nd term, and then someone new. In addition, there's a 6 mo. space from May/14 until my ex and I moved in not accounted for on the rental history. Yet, I know the name of the person living in the unit before I took it over. So, they didn't register it with her. And not sure why it would be for 6 months since they don't do 6 month leases here.

I'm going back to my point about where it states that the previous tenant was paying $4605.85 as the legal rent. If she's missing from the report then I don't know this is true. Or if it matter since I'm paying preferential rate anyway.

From the history report the preferential rate never increased more than 4% between different tenants except now when I'm trying to renew. They haven't been cooperative in negotiating with me. Need help since I'm exhausted from doing research and not sure if I have any options or just will need to move.

Thanks!!!!!
It's seems your apartment rent Deregulated/market rate, because of 6 months vacancy/no tenant..Market rate apartments /landlords can raise the rent as they want at renewal*. Unless, you know who lived in this apartment withing those 6 months and should prove that.
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Old 11-25-2015, 01:47 PM
 
6 posts, read 4,228 times
Reputation: 10
I do know the name of the person who lived in the unit before me. And she was living there when I was shown the unit and moved in as soon as she moved out. So, there wasn't a 6mo. vacancy. I actually was friendly with her in the building. She is not on the rental history report though. I could initially think they were late to file her but I am on the report and leased after. Going to a housing clinic next week with my rental history report and leases to see if they are possibly not following the guidelines for legal regulated rents. Then will bring this info. to my management company if I am told they aren't following the laws.
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Old 11-25-2015, 05:14 PM
 
Location: West Harlem
6,885 posts, read 9,931,471 times
Reputation: 3062
Quote:
Originally Posted by msinu2015 View Post
Then will bring this info. to my management company if I am told they aren't following the laws.
Why on earth would you do that ?
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Old 11-26-2015, 03:11 PM
 
Location: Manhattan
25,368 posts, read 37,084,455 times
Reputation: 12769
Your landlord is crooked, your management company, is crooked and DHCR is crooked.
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Old 11-26-2015, 03:21 PM
 
296 posts, read 481,540 times
Reputation: 90
Default lyla45

Quote:
Originally Posted by Kefir King View Post
Your landlord is crooked, your management company, is crooked and DHCR is crooked.
Totally & wholly True!!!! VERY CORRUPTED!
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Old 11-27-2015, 08:29 AM
 
6 posts, read 4,228 times
Reputation: 10
So don't show the rental history report to the management company? I was going to use it as a negotiation tool or to file a claim to get back money owed from overcharging.
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Old 11-29-2015, 11:02 AM
 
Location: West Harlem
6,885 posts, read 9,931,471 times
Reputation: 3062
Quote:
Originally Posted by msinu2015 View Post
So don't show the rental history report to the management company? I was going to use it as a negotiation tool or to file a claim to get back money owed from overcharging.

Using anything as a "negotiation tool" will only give your landlord warning, which s/he WILL use to cover any tracks and devise a strategy.

Either file a claim or forget about it.
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Old 11-29-2015, 03:41 PM
 
6 posts, read 4,228 times
Reputation: 10
Quote:
Originally Posted by Harlem resident View Post
Using anything as a "negotiation tool" will only give your landlord warning, which s/he WILL use to cover any tracks and devise a strategy.

Either file a claim or forget about it.


I can see your point. After having someone who's qualified to breakdown the calculations on Tuesday will give me the answers if they are doing wrong or not. If so, maybe do as you stated - move and file a claim.
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