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Posted by chelsea on April 17, 2001 at 14:46:14:

In Reply to: Re: I think I'm being overcharged? posted by Ace on April 17, 2001 at 12:51:16:

: Call DHCR right away and get a listing of the rental history. It should state what the previous rents were and what has been added on -- the vacancy rate (around 18 to 20%) as well as the regular percentage that's added when one signs a lease (currently 4% for one year, 6% for two years).

Good advice about calling DHCR for a rent history. The number is (718) 739-6400.

However, I don't believe that a 4 or 6 percent "regular" guideline increase is added for a vacancy lease signed since 1997. Those increases are for renewal leases. (Am I wrong?) Here are the incredibly byzantine rules for vacancy increases, from the DHCR site.

1. A 20 percent vacancy increase for a two-year vacancy increase; or a vacancy increase for a one-year vacancy lease equal to
20 percent minus the difference between the guidelines percentages applicable to two- and one-year renewal leases, which is
18 percent for one-year vacancy leases commencing between June 15, 1997 and September 30, 1997, and between October
1, 1997 and September 30, 1998.

2. If the owner did not collect a permanent vacancy increase within eight years of the new vacancy lease, in addition to the
vacancy increase described in item 1, the owner is entitled to collect a vacancy increase equal to .6 percent multiplied by the
number of years since the collection of the last permanent increase.

3. If the previous legal rent was less than $300.00 per month, in addition to the vacancy increases described in items 1 and 2,
the owner is entitled to collect $100.00 per month.

4. If the previous legal rent was between $300.00 per month and $500.00 per month, the owner is entitled to collect a vacancy
increase equal to the greater of: a) the combined vacancy increases described in items 1 and 2; or b) $100.00 per month.

5. The owner is entitled to add to the vacancy increases described in items 1, 2, 3 and 4 the vacancy increase authorized by the
Rent Guidelines Board ("RGB".) In New York City, the RGB vacancy increase is nine percent for leases commencing between
June 15, 1997 and September 30, 1997; and zero percent for vacancy leases commencing between October 1, 1997 and
September 30, 1998.

Follow Ups:

• vacancy allowance add chelsea 04/17/01 (0)

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Comments:
: : Call DHCR right away and get a listing of the rental history.  It should state what the previous rents were and what has been added on -- the vacancy rate (around 18 to 20%) as well as the regular percentage that's added when one signs a lease (currently 4% for one year, 6% for two years).  

: Good advice about calling DHCR for a rent history.  The number is (718) 739-6400.

: However, I don't believe that a 4 or 6 percent "regular" guideline increase is added for a vacancy lease signed since 1997.  Those increases are for renewal leases.  (Am I wrong?)  Here are the incredibly byzantine rules for vacancy increases, from the DHCR site.

: 
: 1. A 20 percent vacancy increase for a two-year vacancy increase; or a vacancy increase for a one-year vacancy lease equal to
:      20 percent minus the difference between the guidelines percentages applicable to two- and one-year renewal leases, which is
:      18 percent for one-year vacancy leases commencing between June 15, 1997 and September 30, 1997, and between October
:      1, 1997 and September 30, 1998.

: 2. If the owner did not collect a permanent vacancy increase within eight years of the new vacancy lease, in addition to the
:      vacancy increase described in item 1, the owner is entitled to collect a vacancy increase equal to .6 percent multiplied by the
:      number of years since the collection of the last permanent increase.

: 3. If the previous legal rent was less than $300.00 per month, in addition to the vacancy increases described in items 1 and 2,
:      the owner is entitled to collect $100.00 per month.

: 4. If the previous legal rent was between $300.00 per month and $500.00 per month, the owner is entitled to collect a vacancy
:      increase equal to the greater of: a) the combined vacancy increases described in items 1 and 2; or b) $100.00 per month.

: 5. The owner is entitled to add to the vacancy increases described in items 1, 2, 3 and 4 the vacancy increase authorized by the
:      Rent Guidelines Board ("RGB".) In New York City, the RGB vacancy increase is nine percent for leases commencing between
:      June 15, 1997 and September 30, 1997; and zero percent for vacancy leases commencing between October 1, 1997 and
:      September 30, 1998. 


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