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Posted by chelsea on November 20, 2000 at 23:08:13:

In Reply to: rent stabilization problem posted by Johanna on November 20, 2000 at 16:30:49:

It certainly looks as if your apartment is rent stabilized, whatever the lease says. (Many landlords misstate the status of apartments in leases so they can charge you more.) You have two options, filing an overcharge complaint with DHCR or going to Housing Court. As someone has followed both avenues in a case that started out somewhat like yours, I strongly advise Housing Court, because DHCR is extremely slow and anti-tenant. You may be able to recover any rent overcharge trebled. Your best bet is to do some reading on Tenant.net on rent stabilization and rent overcharges, and talk with one or more tenant lawyers who advertise on this site.

: I have lived in my brooklyn apt. for a little over a year now and have just signed my second lease with my landlord. She told me that she was raising my rent by 5%, which means that with the new lease, I am paying 787.00 per month for a tiny, fourth story walk-up.
: Needless to say, i feel and have always felt that I am being ripped off and charged too much for my living space. The building falls into the criteria for being a rent stabilized building, but my landlord says it is not and that they are therefore permitted to charge me whatever they see fit.
: I recently called the DHCR to request information regarding what I can do, and they were very unhelpful. The woman told me that my building was only registered for one year, 1996, and that she would send me an overcharge form. Does this mean that the building is not rent stabilized and I have no recourse whatsoever? Is there anything I can do? And if a building has been registered as being rent stabilized one year, is it always considered rent stabilized?

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Comments:
: It certainly looks as if your apartment is rent stabilized, whatever the lease says. (Many landlords misstate the status of apartments in leases so they can charge you more.)   You have two options, filing an overcharge complaint with DHCR or going to Housing Court.   As someone has followed both avenues in a case that started out somewhat like yours, I strongly advise Housing Court, because DHCR is extremely slow and anti-tenant.   You may be able to recover any rent overcharge trebled.  Your best bet is to do some reading on Tenant.net on rent stabilization and rent overcharges, and talk with one or more tenant lawyers who advertise on this site.  




: 
: : I have lived in my brooklyn apt. for a little over a year now and have just signed my second lease with my landlord.  She told me that she was raising my rent by 5%, which means that with the new lease, I am paying 787.00 per month for a tiny, fourth story walk-up.
: :      Needless to say, i feel and have always felt that I am being ripped off and charged too much for my living space.  The building falls into the criteria for being a rent stabilized building, but my landlord says it is not and that they are therefore permitted to charge me whatever they see fit.
: :      I recently called the DHCR to request information regarding what I can do, and they were very unhelpful.  The woman told me that my building was only registered for one year, 1996, and that she would send me an overcharge form.  Does this mean that the building is not rent stabilized and I have no recourse whatsoever?  Is there anything I can do?  And if a building has been registered as being rent stabilized one year, is it always considered rent stabilized?


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