Posted by MikeW on January 04, 2002 at 12:16:29:
In Reply to: question for experienced advocates concerning vacancy/luxury decontrol posted by nyhawk on January 02, 2002 at 21:33:52:
This does sound like an overcharge, and no different from any other overcharge. The LL has to do the work, and then apply for and receive the MCI, before tacking it onto the rent.
There's a good article on overcharge complaints in the mailing list archive (see attached link). It doesn't talk about MCIs per se, but about how to handle a general overcharge situation.
I would definitely get a lawyer and challenge this. I could be worth over $3K a month (!).
: we all know that when a rent stabilized apartment becomes vacant a landlord can make improvements (without the need for any tenant's written permission) and can add 1/40 of the cost of those improvements to the apartment's rent and if the rent goes over $2,000 the apartment is no longer subject to regulation.
: how about this unique situation??..... rent stab. apartment that had rented for about $900 becomes vacant......l/l and new tenant sign lease in 6/01 for lease to start 8/01 at a rental of $4,200....l/l states on lease that the apartment is not subject to rent stab because of luxury decontrol.....here is the kicker: during the period after the lease is signed in 6/01 and before the new tenant takes possession in 8/01 the l/l claims to have made improvements to the vacant apartment, so that such improvements could justify the rent bump to $4,200 and take the apartment out of rent stab... if the lease had been signed around 8/1 this would be the usual situation........ but it was signed BEFORE the alleged improvements were made to the apartment......... also, l/l never served the new tenant with any notice giving the new tenant the right to challenge the rent bump and the destabilization of the apartment..........any ideas on how to challenge this???????...............discuss........thanks
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