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Posted by TenantNet on February 22, 1999 at 23:21:05:

In Reply to: Re: move out offer to landlord posted by DK on February 22, 1999 at 20:29:01:

: Satori's advice is sound. Remember, if the apartment is worth so much, where will you live? You should also realize that the first tenant who pays $2000 per month is still subject to rent stabilization. The apartment becomes exempt after that tenant vacates.

Actually that's not true. The 1993 law was written that way, then DHCR subverted it, an outgoing judge (Dankberg) wrote a stupid decision upholding it (right before he went to work for a LL law firm), I think City Council removed it in 1997 and the nAlbany put it back in.
At issue is that the unit is deregulated on the next vacancy after the rent rises to or above $2,000. If a tenant moves in paying $2,010, then the previous tenant was paying below $2,000 and only rises to 2K on the new tenant taking occupancy. So it would be deregulated on the following vacancy. DHCR then contrived a logic that the rent rises to $2K at some point before the tenant's lease becomes effective. This is one of the great scams.

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Comments:
: : Satori's advice is sound. Remember, if the apartment is worth so much, where will you live? You should also realize that the first tenant who pays $2000 per month is still subject to rent stabilization. The apartment becomes exempt after that tenant vacates.

: Actually that's not true. The 1993 law was written that way, then DHCR subverted it, an outgoing judge (Dankberg) wrote a stupid decision upholding it (right before he went to work for a LL law firm), I think City Council removed it in 1997 and the nAlbany put it back in.
: At issue is that the unit is deregulated on the next vacancy after the rent rises to or above $2,000. If a tenant moves in paying $2,010, then the previous tenant was paying below $2,000 and only rises to 2K on the new tenant taking occupancy. So it would be deregulated on the following vacancy. DHCR then contrived a logic that the rent rises to $2K at some point before the tenant's lease becomes effective. This is one of the great scams.


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