Posted by Nick on February 29, 2000 at 14:05:23:
How does a stabilized apartment get decontrolled---can a landlord raise the rent on a vacant apartment as much as she wants, or are there limits? I used to live in a building in NYC that was rent stabilized and controlled (80 units, of which 50 were controlled or stabilized). When I took possession in Oct. 1998, the landlord told me that because the rent was over $2000/month, the apartment was not subject to rent stabilization. It turns out that the prior tenant was non-residential (a business of some sort) that had been in the apartment for at least 20 years). The rent of the last residential tenant must have quite low, probably under $1000/month according to some of the other tenants. Now I'm told that there may have been a limit on how much the landlord could have raised the rent. See Negron v. Goldman, NY Civil Court (Feb. 4, 1998), NY Law J, p26 (March 2, 1998). I had understood that on the vacancy of a rent controlled or rent stabilized apartment, the landlord could raise the rent as high as possible, and that if the rent went to over $2000/month, no more rent control. Yet Negron v. Goldman seems to the contrary. The tenant in Negron, however, took possession in 1991, before the recent changes in the rent laws. Does this case represent old law? I realize this may be a hypertechnical (and moot now that I've moved out) question, but it's got my curiosity piqued.
Note: Posting is disabled in all archives
Post a Followup