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Posted by Hawk on January 10, 1999 at 01:31:52:

In Reply to: Re: How do I find out if my apartment actually is or isn't Stablized? posted by Kiri on January 08, 1999 at 16:04:12:

Kiri is correct except for the characterization of the renovations that a landlord can make entitling it to the 1/40th bump, that is referring to them as "repairs." This is a significant difference because repairs and cosmetic improvements (due to normal wear) may NOT be properly considerd as part of the 1/40th bump in rent. Thus, for example, painting and refinishing worn wood floors are cosmetic and not "improvements" to the apartment, for purposes of determening the 1/40th. Likewise, "repairing" a defective stove or refrigerator does not count towards the 1/40th bump, but replacing a defective stove or fridge with a new one does.

So, scrutinize the alleged "improvements" to your apartment carefully. Look for all cosmetic improvements and argue to DHCR that such improvements should not count towards determining the total allegedly spent by the landlord, as claimed for purposes of raising your rent with the 1/40th bump formula.

Good Luck!

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Comments:
: Kiri is correct except for the characterization of the renovations that a landlord can make entitling it to the 1/40th bump, that is referring to them as "repairs." This is a significant difference because repairs and cosmetic improvements (due to normal wear) may NOT be properly considerd as part of the 1/40th bump in rent. Thus, for example, painting and refinishing worn wood floors are cosmetic and not "improvements" to the apartment, for purposes of determening the 1/40th. Likewise, "repairing" a defective stove or refrigerator does not count towards the 1/40th bump, but replacing a defective stove or fridge with a new one does.

: So, scrutinize the alleged "improvements" to your apartment carefully. Look for all cosmetic improvements and argue to DHCR that such improvements should not count towards determining the total allegedly spent by the landlord, as claimed for purposes of raising your rent with the 1/40th bump formula.

: Good Luck! 


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