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Posted by peter on July 27, 2000 at 01:53:01:

In Reply to: Re: Allowable vacancy increases on a previously rent-controlled apartment? posted by MJ on July 25, 2000 at 16:04:23:

If the apartment was previously rent controlled the very next tenant is referred to as a tenant lessee. There is no stibulation as to the increase, the amount is allowed to go up to market value. If you believe that the amount being charged you is over market value then I believe you have 90 days to file a complaint with DHCR. If the rent is over 2000.00 dollars and the apartment is de-regulated I am not sure. However if the landlord can make a case that similar apartments in your area are renting for the same as you are paying, it is not likely you will win a decrease. And if you lose a judgement you may be asked to pay for the landlord's legal expenses. Make sure that your apartment is over market value before filing a complaint.

But previously rent controlled apartments have nothing to do with vacancy increases. And it matters little that an apartment sat empty. Except it is illegal for a landlord to horde or hold apartments without doing anything to them.

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: If the apartment was previously rent controlled the very next tenant is referred to as a tenant lessee. There is no stibulation as to the increase, the amount is allowed to go up to market value. If you believe that the amount being charged you is over market value then I believe you have 90 days to file a complaint with DHCR. If the rent is over 2000.00 dollars and the apartment is de-regulated I am not sure. However if the landlord can make a case that similar apartments in your area are renting for the same as you are paying, it is not likely you will win a decrease. And if you lose a judgement you may be asked to pay for the landlord's legal expenses. Make sure that your apartment is over market value before filing a complaint.

: But previously rent controlled apartments have nothing to do with vacancy increases. And it matters little that an apartment sat empty. Except it is illegal for a landlord to horde or hold apartments without doing anything to them.


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