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Re: Need someone to confirm that my suspicions are correct.

Posted by Ron on October 15, 1999 at 08:35:33:

In Reply to: Re: Need someone to confirm that my suspicions are correct. posted by DK on October 14, 1999 at 19:07:57:

: : I used to live on Thompson Street in Manhattan in a building managed by Thurcon properties. My lease started on Septmber 1, 1998, although they had wanted me to take it for Sept. 15 so they could clean.
: : I needed it for the first so I signed an "As Is" clause stating that I was taking the apartment in the condition it was in when the last tenant vacated (which was okay aside from some normal wear and tear).
: : In May of 1999 they sent me a notice stating that if I wished to renew my lease, the new rent would be $2,076 per month, I decided not to renew. WHen I moved out, I left the place broom clean and in pretty good condition but they kept most of my security deposit anyway. In an effort to get it back I have been investigating them pretty carefully. I have discovered the Building was registered as having 23 rent stabilized units last year, the units that were exempt were JS51 exemptions. It was explained to me that that means those units were $2,000 or more, which makes sense since there are a lot of bigger units in the building as well as some penthouse units with patios. When the broker was showing my place I heard him tell the prospect that the rent would be $1950, more than $100 less than what they were going to charge me

: :
: : What I now believe is this:

: : The 13% rent increase proposed by Thurcon was not legal.
: : They win either way, if I stay and agree to the terms, they now have a decontrolled unit. If I leave they can rent it at a higher price and get their share of yet another broker fee.
: : If I press them with this information and say that I am suing for moving costs and the brokers fee for my new place, they may be willing to settle it by giving back my security in full.

: : Thanks for any comments.

: Only apartments which have an initial rent of $2,000 per month or more are exempt from rent stabilization. If the current rent is less than $2,000 the rent guidelines apply and will still apply to the next renewal even if the rent goes over $2,000 per month. The $2,000 rent does trigger the high income deregulation process, however. If the apartment rents for more than $2,000, the landlord has the right to inquire whether the total adjusted gross income of all of the apartment occupants exceeds $175,000 per year. If so, the landlord can petition DHCR for an order of deregulation based on the high income of the apartment's occupants.

: If the building receives a tax abatement, the units are subject to rent stabilization regardless whether the initial rent was more than $2,000, or whether the tenants' income exceeds $175,000 per year.

: Because you moved out after the landlord threatened to charge you an illegal rent, you might have a claim for "harassment" as that term is defined in the Rent Stabilization Law.

: : Could the first Re to the question further explain how a renter follows up on an harassment issue? Where to go, what to do?

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