---

Posted by TenantNet on June 03, 1996 at 11:33:41:

In Reply to: 30% rental increase posted by Jason on June 03, 1996 at 10:31:31:

: I have lived in my current apartment for 5 years. In Sept 1991 I signed
: a two-year lease. I then renewed for one-year with no increase in rent.
: I ten renewed for two-years with only a $50 increase (4.54% increase).
: Now I am xoming up for reemwal again and the building owner proposed a
: 30% increase. It not a co-op and is a 17 floor building. The Rent Guideline
: Board has identifed the building as rent stabilized although after reviewing
: my lease from 1991, the rent stabilization section has been crossed out with
: a note saying "This is not a rent stabilized apartment". What should be my
: next step? Can I offocially document the stability status of my apartment?
: Should I include this in my counter offer while addressing potential over
: payment over the past five years (where can I receive legal notice of the
: rental history?)

The first step is to see if the building address is listed on our recently
added DHCR regulated status search. Go to:

http://tenant.net/DHCR/dhcraddr/rent.html

But that is not the final answer since that only reports what landlords
voluntarily register with DHCR. Then call DHCR at 718-739-6400 and ask them.
You can also (in Manhattan; every borough has its own office) go to
156 William Street 9th floor and get a registration print-out.
Demand one going back to 1984, not just 4 years and let us know if
they won't do that.

Even that is not a final answer. You indicated the RDB idenntified the building
as stabilized, but I'm not sure what you meant since the RGB does
not have the information nor does it have any jurisdiction over
the building's status -- that's DHCR's job. Maybe you meant DHCR.

**Generally** if there are more than 6
units and if the building was built before 1974 and if it not a co-op,
then chances are the apartments are rent stabilized -- but there are
other exceptions and it can get complex. You should also look into whether
the building had a J-51 or 421-a tax abatement which might have made the
units stabilized for a while, but not permanently.

You can also file a "complaint" with DHCR for a "Administrative Determination"
on the unit's status, but I wouldn't do so yet without doing some homework.

As for the lease, I would sign and send it in for now to show your
"intent" to renew. You can always make a complaint later and if
you are stabilized then the stabilization laws would override the lease
(in most cases).

If it is determined the unit is stabilized it's possible the rent
would be rolled back and you could be awarded treble damages.
But be careful since DHCR and the 1993 amendment to the rent laws
seriously undermine a tenant's remedy. You should follow-up to us
via email at tenant -at- tenant.net
Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: : I have lived in my current apartment for 5 years.  In Sept 1991 I signed
: : a two-year lease.  I then renewed for one-year with no increase in rent.
: : I ten renewed for two-years with only a $50 increase (4.54% increase).
: : Now I am xoming up for reemwal again and the building owner proposed a
: : 30% increase.  It not a co-op and is a 17 floor building.  The Rent Guideline
: : Board has identifed the building as rent stabilized although after reviewing
: : my lease from 1991, the rent stabilization section has been crossed out with
: : a note saying "This is not a rent stabilized apartment".  What should be my
: : next step?  Can I offocially document the stability status of my apartment?
: : Should I include this in my counter offer while addressing potential over
: : payment over the past five years (where can I receive legal notice of the
: : rental history?)

: The first step is to see if the building address is listed on our recently
: added DHCR regulated status search. Go to:

:     http://tenant.net/DHCR/dhcraddr/rent.html

: But that is not the final answer since that only reports what landlords
: voluntarily register with DHCR. Then call DHCR at 718-739-6400 and ask them.
: You can also (in Manhattan; every borough has its own office) go to
: 156 William Street 9th floor and get a registration print-out.
: Demand one going back to 1984, not just 4 years and let us know if
: they won't do that.

: Even that is not a final answer. You indicated the RDB idenntified the building
: as stabilized, but I'm not sure what you meant since the RGB does
: not have the information nor does it have any jurisdiction over
: the building's status -- that's DHCR's job. Maybe you meant DHCR.

:  **Generally** if there are more than 6
: units and if the building was built before 1974 and if it not a co-op,
: then chances are the apartments are rent stabilized -- but there are
: other exceptions and it can get complex. You should also look into whether
: the building had a J-51 or 421-a tax abatement which might have made the
: units stabilized for a while, but not permanently.

: You can also file a "complaint" with DHCR for a "Administrative Determination"
: on the unit's status, but I wouldn't do so yet without doing some homework.

: As for the lease, I would sign and send it in for now to show your
: "intent" to renew. You can always make a complaint later and if
: you are stabilized then the stabilization laws would override the lease
: (in most cases).

: If it is determined the unit is stabilized it's possible the rent
: would be rolled back and you could be awarded treble damages.
: But be careful since DHCR and the 1993 amendment to the rent laws
: seriously undermine a tenant's remedy. You should follow-up to us
: via email at tenant -at- tenant.net


Optional Link URL:  
Link Title:         
Optional Image URL: 

---