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Re: my question: is it $2000 in "preferential" or "legal" rent?

Posted by Chris Martin on August 13, 2001 at 15:29:45:

In Reply to: my question: is it $2000 in posted by worried tenant on August 12, 2001 at 23:13:54:

I was in a similar situation and spoke to a tenant organizer who
says that it is the legal rent that matters for the purposes of
determining luxury decontrol. But you still don't need to worry
about it if your income is under the 175K limit.

Unfortunately, you do need to worry about the landlord trying to
charge you an increase based on the previous legal rent when the
lease is up. There was a recent case that said this was legal and
it is my understanding that this is still being debated in the courts.
Look elsewhere on this board for more info. (I was lucky: my LL didn't
figure this out and sent me a renewal lease based on the preferential

: I understand that it is not automatic. However, my question was whether the luxury decontrol provisions are triggered by the preferential or legal rent. At the next increase, my preferential rent will be just under $2000 but my legal rent will be over $2000.

: : Luxury decontrol of an occupied apt once the LRR reaches $2000 is not automatic. LL must 1st serve upon you some kind of income certification form to determine if your income, rather the income of all occupants of the apt added together for each year of 2 preceeding years is $175,000 or more.
: : I hear horror stories about tenants not receiving the paperwork from either LL or DHCR and being decontrolled.

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