Posted by SamE on August 19, 2001 at 22:49:05:
In Reply to: DHCR Registration - Overcharge? posted by Owen on August 17, 2001 at 11:26:21:
: It could have been if he had done around $55k worth of improvements (1/40 of the improvements would have been around ~$1500). He did gut the 900 sq. ft. apt, put in new floors, a wall to make the 1 bedroom into a 2 bedroom, and new appliances in the kitchen, but could he really have spent $55,000 on renovations? What's a more likely figure?
The question is: how much can he prove to DHCR or to court, not how much he may or may not have actually spent.......
: If the apt. was actually rent controlled before I moved in, then I'm the first rent stabilized tenant, and I should file a Fair Market Rent Appeal. If it was rent stabilized, then I should file an overcharge. But I can't find out for sure what it was unless I file a Freedom of Information to get the DHCR to look in the archives, but then the landlord will be notified of what I am doing.
Get the whole Rent History 1984-2001; then you'll know when it moved form rent control to rent stab. You don't need to wait for a FOIL for this. If the tenant immediately before you was controlled, you get to file a FMRA, not an O/C. Read about these in the DHCR section on tenant.net or on dhcr.state.ny.us
And use the search here for earlier discussions, and in the Housing court section for for insights.
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