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No rider

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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No rider

Postby fruitsoup » Tue Oct 12, 2021 2:02 pm

I recently requested a rental history on my unit just out of curiosity. It seems my landlord hasn't been filing registrations for the past few years, but the last year recorded was only one year prior to me moving in and that tenant was paying over $500 less than I was. I do know the unit was fully renovated between that previous tenant and I, but this was post the 2019 change of RS laws which limits how much an increase can be for capital improvements. I realize I was never provided a RS lease rider and I asked for one from the landlord weeks ago, and that message has been outright ignored. Do I ask again? I don't know if it's possible that maybe my current rent is appropriate, so do I go straight to DCHR and file an overcharge complaint and let them figure it out? I hope to live in this apartment for many years so I hate to rock the boat especially if everything is fine and i'm misinformed or miscalculating.
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Re: No rider

Postby TenantNet » Tue Oct 12, 2021 6:58 pm

I wouldn't spend a lot of time asking for the rider (you can get it online), as there really is no downside for the LL not providing it. While the RSC does claim the rider is required and that there is a rent freeze if not offered, in reality, DHCR ignores those complaints.

OTOH, lack of registrations is important. Do you know if the LL is claiming the unit is no longer RS?

I would spend some time analyzing the rent history, seeing what the rent ought to be, and if warranted, consider your options. DHCR is one route; going to court is another. I wouldn't file an overcharge complaint for a few pennies, but if substantial, I would go for it.

We've yet to see if new Governor Hochul will do anything to clean up the DHCR sewer, and so far have not been encouraged.
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Re: No rider

Postby fruitsoup » Tue Oct 12, 2021 7:08 pm

Landlord acknowledged the unit is rent stabilized at lease signing. I was looking for the rider to understand how they calculated the $500+ jump in rent. I did talk to someone at DHCR who says the increase in one year is nearly impossible to explain away. Without the rider to explain the charges I can only estimate that the overcharge is a couple hundred dollars a month, which over a lease term isn't pennies. I'm just not sure whether they calculated that amount based on previous laws and are just behind on information, or whether they are hoping that such a small overcharge wouldn't flag any alarms and they would get away with it.
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Re: No rider

Postby TenantNet » Tue Oct 12, 2021 7:18 pm

See https://hcr.ny.gov/system/files/documen ... 2019_0.pdf
This is the rider from 2019. I don't know if it's been updated since then, but changes are usually not that great.

The rider itself is not that important, but their explanation of the rent hike is. I would ask for it again, and if not forthcoming, then consider overcharge options. FYI, they likely will claim you already have received it. That's why asking for it again precludes that defense.

I would also ask DHCR for the latest registrations (often as part of the rent history). DHCR will not consider IAI rent increases without a complaint.
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