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Posted by c.s. on July 18, 1998 at 08:18:55:

In Reply to: 27% rent increase (repost?) posted by Matthew Rice on July 16, 1998 at 11:35:08:

: A question about a rent stabilized Manhattan
: apartment:
:
: When I signed my current lease in August
: 1997 the increase was calculated as the
: 7% increase from the (then) current Order
: (No. 28 I think) and an additional 20% as
: the new vacancy allowance. For a total of
: 27% for a 1 year lease.
:
: If you recall, this is the period between the
: introduction of the 20% vacancy increase and
: the new order, no 29.
:
: At the time I though that this was a generous
: reading of the laws, but could find no clear
: guide to say that this was wrong. (I felt
: that only 20% should have been added, and
: perhaps only as much as 18%)
:
: I have periodically made enquiries to many
: places as to whether this increase was legal
: but have never found an answer. At one stage
: I gained the impression that the practice of
: the landlord taking the "best of both worlds"
: while the rent laws were in flux was being
: challenged in court.
:
: Can anyone give me some idea about the legal
: vacancy increase during the period 19th June
: to 1st Oct 1997 or tell me where I might find
: information?
:
: I have read
: http://www.tenant.net/Alerts/Guide/deal.html
: which seem so indicate that the increase
: applied to my lease was too great.
: (BTW, there were no capital improvements or any
: increase due to a long continuous occupancy.)
:
: I am looking for some guidance on the law here,
: eg, a decision by a judge on a similar case
: or a statement clearly indicating the allowed
: increase in this period.
:
: Thanks for your time.
:
: Matthew Rice

For a two year lease the allowable increase was 20% plus 9 1/2% plus a percentage of any improvements he made to the apartment. Check with the DHCR.

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Comments:
: : A question about a rent stabilized Manhattan
: : apartment:
: :  
: : When I signed my current lease in August
: : 1997 the increase was calculated as the
: : 7% increase from the (then) current Order
: : (No. 28 I think) and an additional 20% as
: : the new vacancy allowance.  For a total of 
: : 27% for a 1 year lease.
: :  
: : If you recall, this is the period between the
: : introduction of the 20% vacancy increase and 
: : the new order, no 29.
: :  
: : At the time I though that this was a generous
: : reading of the laws, but could find no clear
: : guide to say that this was wrong.  (I felt 
: : that only 20% should have been added, and 
: : perhaps only as much as 18%)
: :  
: : I have periodically made enquiries to many 
: : places as to whether this increase was legal
: : but have never found an answer.  At one stage
: : I gained the impression that the practice of
: : the landlord taking the "best of both worlds"
: : while the rent laws were in flux was being 
: : challenged in court.
: :  
: : Can anyone give me some idea about the legal
: : vacancy increase during the period 19th June
: : to 1st Oct 1997 or tell me where I might find 
: : information?
: :  
: : I have read 
: : http://www.tenant.net/Alerts/Guide/deal.html
: : which seem so indicate that the increase 
: : applied to my lease was too great.  
: : (BTW, there were no capital improvements or any 
: : increase due to a long continuous occupancy.)
: :  
: : I am looking for some guidance on the law here, 
: : eg, a decision by a judge on a similar case
: : or a statement clearly indicating the allowed
: : increase in this period.
: :  
: : Thanks for your time.
: :  
: : Matthew Rice

: For a two year lease the allowable increase was 20% plus 9 1/2% plus a percentage of any improvements he made to the apartment.  Check with the DHCR.  


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