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TenantNet Forum Archives 1996-2002
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Re: rent stabilization

Posted by TenantNet on May 17, 1996 at 23:20:34:

In Reply to: rent stabilization posted by Lauren Wacht on May 17, 1996 at 22:35:50:

: How do you tell from your lease if your
apartment is truly rent stabilized? I don't
see anything stated anywhere on apartment
status when looking at a lease.

The real question is if the apartment (not the building)
is "subject" to the rent stabilization law. Although there are exceptions,
the short answer is that if there are six or more units in the building,
if the building was built prior to 1974 and it's not a coop, then chances
are good that it's "subject" to stabilization. Some landlords deny this
and even DHCR's registration list isn't determinative. If you suspect that the
unit is stabilized, you can file with DHCR for a determination, but since DHCR
is hostile to tenants, you can always appeal this (if you lose). But only take it
up the ladder if you've done your homework and have a good case.

The initial leases on a vacancy usually menntion stabilization status, but I
don't think that's required. What is required is an informational
rider explaining your rights. All renewal leases though are on forms
prescribed by DHCR.

The problem you most likely have is that you don't want to sign a lease
unless you know the status -- and you aren't going to (can't) file for a status
determination unless you have a lease. If you have an address, we have the list as of 1994
of all NYC RS buildings. We could look it up, but these are only the ones that DHCR
reports. Others that might be subject to the law that are not on the list you can
only speculate. You might wish to see if you can talk to some of the tenants. They might know.

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