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Posted by No One on June 21, 2000 at 20:03:47:

In Reply to: re: Deregulation posted by MJ on June 20, 2000 at 14:53:52:

: question: the rent on an apartment we were considering is $2003--presumably that amount equals the last rent paid by the most recent tenant plus the 20% vacancy fee and 1/40 of any renovation costs. So now that the rent would be above $2000, can the landlord go and apply right now today for deregulation, or does he have to receive a $2000+ rent for some time period (even as short as month)? And if he can apply right now, before receiving a $2000 or more rent for at least one month, does anyone know how long it typically takes DHCR to approve a deregulation?

: Thanks,
: MJ

If the unit was stabilized, he doesn't 'apply for deregulation': he merely registers it at the above-$2000 rent with DHCR as 'exempt due to high rent' and if the tenants do not object for four years, it's a done deal. Of course, this is the landlords and DHCR's version. DHCR and the landlords also still claim that no registration is required. Tenant advocates still insist that some tenant must actually pay the rent over $2000 for it to be considered the 'legal regulated rent': in that version, the unit cannot be deregulated until that first $2000 tenant vacates. In NYC per Local Law 12 of 2000, with lease starting April 28, 2000, he has to provide the first such tenant with an informational sheet showing exactly how the rent got over $2000.

If it was controlled, the first rent is a 'fair market rent' (look that upin the decisions: that's where the most important decision is) AND IS STABILIZED. The next tenant will automatically be deregulated IF the landlord registers both legally.

Follow Ups:

• Re: Deregulation, not a process MJ 06/22/00 (0)

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: : question: the rent on an apartment we were considering is $2003--presumably that amount equals the last rent paid by the most recent tenant plus the 20% vacancy fee and 1/40 of any renovation costs. So now that the rent would be above $2000, can the landlord go and apply right now today for deregulation, or does he have to receive a $2000+ rent for some time period (even as short as month)? And if he can apply right now, before receiving a $2000 or more rent for at least one month, does anyone know how long it typically takes  DHCR to approve a deregulation?

: : Thanks,
: : MJ

: If the unit was stabilized, he doesn't 'apply for deregulation': he merely registers it at the above-$2000 rent with DHCR as 'exempt due to high rent'  and if the tenants do not object for four years, it's a done deal. Of course, this is the landlords and DHCR's version. DHCR and the landlords also still claim that no registration is required.  Tenant advocates still insist that some tenant must actually pay the rent over $2000 for it to be considered the 'legal regulated rent': in that version, the unit cannot be deregulated until that first $2000 tenant vacates.  In NYC per Local Law 12 of 2000, with lease starting April 28, 2000, he has to provide the first such tenant with an informational sheet showing exactly how the rent got over $2000.

: If it was controlled, the first rent is a 'fair market rent' (look that upin the decisions: that's where the most important decision is) AND IS STABILIZED.  The next tenant will automatically be deregulated IF the landlord registers both legally.


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