How do you know if an apartment should still be Rent Stabilized is the landlord stops reporting? (2015, rental)
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Hi, I'm trying to see if my apartment in NYC should be Rent Stabilized or not. I requested the Rent History report, and the report shows my apartment used to be Rent Controlled from 1984- 1997 and then became Rent Stabilized when a new tenant moved in. There shows 2 different tenants' rent reported after that, but then in 2010 the landlord stopped reporting (says *REG NOT FOUND FOR SUBJECT PREMISES*).
The last recorded rent was $1,730.73 in 2009 and it shows it was Rent Stabilized. I moved in 2015. I don't know if the tenant in 2009 remained in the apartment or if a new tenant moved in and they were able to increase the rent more...
How do I calculate what the legal rent should be and know if my apartment should still be Rent Stabilized or not when I don't know what the rental history is after 2009? Can a Landlord just stop reporting and take it off being Rent Stabilized if the rent after 2009 passed the threshold to become deregulated?
I submitted a request to investigate, but I'm just trying to know if I even have a case. When I moved in I was given a standard lease at market rate with no mention of my apartment being rent stabilized. I live in an old building with 15 units in NYC.
Also, does anyone know how long it takes to have a case reviewed by DHCR?
I am no expert in this complicated issue, but it seems to be that an apartment cannot be deregulated just by the landlord deciding not to participate.
I don't know where you live, but in my area our local City Council rep is very resonsive. You could try calling your own rep. Usually there is a housing specialist on staff.
It's good you submitted a request for an investigation already. Landlords are notorious for just trying to avoid rent regulations, and most of the time they are successful.
Check with DHCR. They will have a list of apt in the address that are suppose to be Stabilized. If you think your apt is suppose to be stabilized, you need to prove it with calculations using numbers from the DHCR list.
I am no expert in this complicated issue, but it seems to be that an apartment cannot be deregulated just by the landlord deciding not to participate.
But it happens all the time. DHCR is crooked and cooperates with landlords in this illegal scam to defraud tenants.
OP, You are indeed rent-stabilized but the deck has been stacked against you.
I would recommend that the best you can do is to lay your situation out to the State's Attorney General's office. You will get no relief from DHCR.
So what this means is if a building was renovated after 1974 via the j51 program the building stays stabilized as long as the j51 perks don’t expire ....once they expire the building is no longer stabilized .
It must be in your lease though giving you the date of expiration or you remain stabilized ... so if this is the case no one without a copy of your lease can help you .
From above article
If the landlord took a J-51 abatement for taxes ,Then, you would be stabilized because of that, and your apartment can only be destabilized when it expires, if there was a rider in every one of your leases that explains that."
Such a rider would note that your apartment was stabilized by virtue of the J-51 tax abatement, specify the date of its expiration, and note that when it did expire, your apartment would no longer be stabilized.
I am no expert in this complicated issue, but it seems to be that an apartment cannot be deregulated just by the landlord deciding not to participate.
But it happens all the time. DHCR is crooked and cooperates with landlords in this illegal scam to defraud tenants.
OP, You are indeed rent-stabilized but the deck has been stacked against you.
I would recommend that the best you can do is to lay your situation out to the State's Attorney General's office. You will get no relief from DHCR.
Likely not the case , so save the landlord attacking for a better opportunity
^^^^ If OP finds his lease, AND TELLS US, you will see that my landlord/DHCR hating is very well placed.
Send 10 requests to DHCR and you will see 9 responses come back with NO REPORTED DATA for 5 or more years. Just long enough for the courts to rule against the stabilized tenant and establish a spurious "regulated" rent.
"Likely not the case" is based on a fantasy imagining that the building was J51.and nothing more. Made up out of whole cloth.
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