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Posted by SamE on May 26, 2000 at 21:40:42:

In Reply to: Should my apt. be regulated? posted by Mitsos on May 26, 2000 at 08:46:10:

Unless the building had 6 units in 1971, there's not much chance that your apartment is stabilized, but it never hurts to ask DHCR: call 718-739-6400 or email or go in person, 25 Beaver Street. Any chance you should be covered under the Loft Law 212-788-7610 ? Another thought: does the C of O permit residential units? Certificate of Occupancy, at the Dept of Buildings, 60 Hudson St 212-312-8000. Is it properly registered as a Multiple Dwelling with HPD? HPD, 100 Gold Street. (no CofO or no MDR could mean no rent due at all...take the information you find to a tenant clinic, not to your landlord!)

All rent controlled apartments that are voluntarily vacated after June 30, 1971 are no longer subject to the jurisdiction of the Rent Control Law. If the unit is in a building with fewer than six units, it becomes decontrolled; if the unit is in a building with six units or more, it becomes rent stabilized.

Here are some of the reasons why an 1840 building which never had 6 units would be stabilized today, from the HPD definitions given to the US Census to perform the NYC Vacancy Rate survey every three years:

"...units in buildings rehabilitated with loans issued under Articles ...15 of the PHFL regardless of the size of the building should be rent stabilized... Units in buildings rehabilitated under the 312 program (Section 607 of the PHFL) with more than 2 units should be rent stabilized.

In buildings which contained six or more units at the time stabilization went into effect which were converted to five or fewer units at a later date, units would remain stabilized. "

http://www.census.gov/hhes/www/housing/nychvs/defin99.html

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Comments:
: Unless the building had 6 units in 1971, there's not much chance that your apartment is stabilized, but it never hurts to ask DHCR: call 718-739-6400 or email or go in person, 25 Beaver Street.  Any chance you should be covered under the Loft Law 212-788-7610 ?  Another thought: does the C of O permit residential units?  Certificate of Occupancy, at the Dept of Buildings, 60 Hudson St 212-312-8000.  Is it properly registered as a Multiple Dwelling with HPD? HPD, 100 Gold Street. (no CofO or no MDR could mean no rent due at all...take the information you find to a tenant clinic, not to your landlord!)

: All rent controlled apartments that are voluntarily vacated after June 30, 1971 are no longer subject to the jurisdiction of the Rent Control Law. If the unit is in a building with fewer than six units, it becomes decontrolled; if the unit is in a building with six units or more, it becomes rent stabilized.

: 
: Here are some of the reasons why an 1840 building which never had 6 units would be stabilized today, from the HPD definitions given to the US Census to perform the NYC Vacancy Rate survey every three years:

: "...units in buildings rehabilitated with loans issued under Articles ...15 of the PHFL regardless of the size of the building should be rent stabilized... Units in buildings rehabilitated under the 312 program (Section 607 of the PHFL) with more than  2 units should be rent stabilized.

: In buildings which contained six or more units at the time stabilization went into effect which were converted to five or fewer units at a later date, units would remain stabilized. "

: http://www.census.gov/hhes/www/housing/nychvs/defin99.html


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