RS (no -D) and no IAIs b/f our move-in, reg not found since

[questionsaboutRS]

Hi all,

This is an amazing forum that I have learned from a lot already. I have not found our exact situation discussed in other posts so adding a new one. To repay the community, I will post on the outcomes of our case once it is resolved.

So,

- Building is listed on https://rentguidelinesboard.cityofnewyo ... hattan.pdf with STATUS1: MULTIPLE DWELLING A and no STATUS2 (i. e., not a 421-A?)
- NYS DHCR history shows Apt Stat: RS (with tenants and no -D to signify de-regulation) until our move-in in June 2018. We moved in shortly after the previous tenant had moved out and know for a fact that there were no IAIs during the short vacancy period. Nor have there been any during our tenancy.
- There was no rent increase between the previous tenant and us. Our first year's rent was the same as the Actual Rent Paid shown on the history for the previous tenant.
- Starting with the year 2019, the history shows *REG NOT FOUND FOR SUBJECT PREMISES*.
- We did not receive a notice of de-regulation at any point during our tenancy
- Until this year, rent increases have been in line with the NYC Rent Guideline Board permitted increases.

Do we have a case for arguing that the unit is still rent-stabilized?

Thank you

[TenantNet]

First off, the "rent stabilized building" nomenclature is incorrect. There is no such thing. There are buildings that contain apartments subject to the RS Law. But such buildings may also contain RC units and unregulated units. So would you call them Free Market buildings?

Seems RGB now is correct in its description, "Buildings That Contain Rent Stabilized Units."

Second, that list is from DHCR where LLs have submitted RS registrations. Many LLs just ignore that requirement (and DHCR does nothing about it), thereby reducing the credibility of the information.

Still, it's better than nothing.

As you probably know, deregulation was legal up until June 2019. There is a four year lookback period for overcharge complaints. I believe that's from the date of a DHCR complaint, not 4 years from when you took occupancy.

But rent level is not the only benefit from being RS. You also get a lease that must be renewed, RGB increases, continuation of services, etc.

Even if your case isn't 100%, based on your description, it might be worth filing an application. Did your rent stay the same, was it in line with RGB increases, or did it increase sharply? If the latter, there might be an overcharge from your first year ... if you are still RS. Your rent history from DHCR would show what years there were registrations and more.

[questionsaboutRS]

Thanks.

Not sure if the above is a standard response (since it doesn't appear to be sensitive to the particulars that I stated), but to answer:

1. I never mentioned anything about a "rent-stabilized buiding". I am aware that RS status is on a per apartment basis. I only stated that the building is listed on the referenced list of buildings with RS units, and that there is no mention of 421-A status.

2. I am not looking to file an overcharge complaint. As stated, the yearly increases up until now have been in line with NYC Rent Guideline Board permitted increases. This is the first year that the LL has proposed an increase above the permitted level (3.25% for a 1-year lease term).

3. The rent stayed the same between the previous tenant and us. It has not stayed the same between our move-in in 2018 and now but again, the yearly increases have until now been in-line with NYC Rent Guideline Board permitted increases. Now the landlord is proposing a sharp increase.

4. I have described the NYS DHCR history: RS for all tenants, including the one immediately preceding us, no registration during vacancy (a very brief period), no -D on the last RS registration. Starting with our first year - reg not found...

Thanks

[TenantNet]

Yes, it's somewhat standard as most tenants are screwed on this issue. It would be easier for me to list a solution that has a better chance of winning. In many cases you get into details of 421a and such (yes, you said there was no 421a). Did you check with DOF for J51? I would also check with HPD as to both 421a and J51.

The PDF says RS Building.

Look at your original lease. Does it say Rent Stab anywhere? That's not the final word, but if it does, it sort of helps to paint the LL into a corner. The rent being in line with RGB increases also helps.

If you make a complaint, you could ask for an Administrative Determination as to RS status, or you could complain that the LL hasn't given you a proper RS lease (initial or renewal). That's not an overcharge complaint.

You appear to have some good arguments, but I've still seen LLs weasel on these things. You say there was no IAI before you, but what about before that? Did they do some work but not charge tenants in the unit before you? Was there any preferential rents?

You have to anticipate the LLs excuse. Have you asked the LL about this; if so, what did he/she say?