Posted by TenantNet on October 14, 2000 at 05:20:16:
In Reply to: Re: registered apartment posted by Kerry on October 14, 2000 at 04:49:01:
This is incorrect. On a a RC Vacancy, the unit moves to Rent Stabilization, not free market. The LL can try for what it figures is a market rate, but that's subject to a Fair Market Rent Appeal where formulas and comparables are applied. But even if uncontested, unless over the $2,000 threshhold, it is still RS. The new tenant is the tenant, not a "tenant lessee". Where did that one come from? -- unless you mean the new tenant (under RS) has a lease. The registrations are required, but not enforced. DHCR has essentially ignored failures to register, so the real world effect is that yes, the LL can do what he/she wants with little downside. But that's a criticism of a corrupt agency, not how the system should work.
: If a rent-controlled apartment becomes vacant the landlord has the right to get market rates for the apartment. The next tenant to move in is referred to as as tenant lessee, and pays market rate unless they contest the new rate.
: Also the landlord has the right to fix up the apartment and and raise the rents. There are vacancy increases etc.
: Are you not happy with your apartment?
: I must admit I don't like the tone of your post as well. You call the landlord greedy, but a landlord owns property as an investment. It is a buisness and he has the right to maximise the income of his property within the givin guidelines.
: I believe your motivation could be construde as self serving as well.
: As far as the landlord not registering the apartment it is fairly irrelavent after the apartment is empty. Once it is empty the LL can catch up with any of the legal crud, get the increases, and then rent it out.
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