Posted by EZT on December 12, 2001 at 23:41:06:
In Reply to: question about appeals posted by stella on December 11, 2001 at 08:25:50:
: I read on a website linked to nyc.gov that when a rent-controlled unit is vacated, the new rent (stabalized) is any amount negotiated between the LL and tenant. Seems strange, but ok. It also says the tenant has ninety days to appeal this rent amount after which it is the legal rent, period. Does anyone know if this is true in practice? Or what does happen when a controlled unit is vacated. I thought the LL could use all their allowances (vacancy, low rent, long occupancy, improvement) to raise the rent and then that was the legal rent. If it really is the first way, what if the first non-controlled tenant doesn't appeal then I am the second tenant and I try to appeal, OR if the LL INVENTS a "tenant" to be the first one, knowing they won't appeal because they don't exist?
: Any help or links appreciated!
Fair (free?) Market Rent Appeals: the landlord is supposed to send the frist stabilized tenant a copy of the Initial Registration for the apartment, then the tenant gets 90 days to complain to DHCR about the rent. If the landlord can't prove he sent that notice, the second tenant can file the complaint. Or so it was before 12/20/2000 when DHCR MAY have writen new rules.
Go to tenant.net, hit NY Tenant Info, find laws for regulated tenants.
The "new rules" are in the new RSC, also from the homepage of tenant.net.
Then search in Housing Court Decisions and here for FMRA.
Then come back and ask whatever question(s) you will have (and you will have some!).
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