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Was my apartment illegally destabilized?

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

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Was my apartment illegally destabilized?

Postby nyc10001 » Thu Sep 03, 2020 9:32 pm

Hi everyone!

I'm dealing with a pretty horrible property management company and I think it's possible that they illegally de-regulated my apartment. I ordered the rent history but am having trouble making out what it is saying so I will try to summarize what I think is the crucial part below.

Starting in 1984 it was rent stabilized with the same tenant up until 2008 which is the last year.

2008 RS 12/15/2008
Legal Regulated Rent: 1056.09

2009 PE (Filing Date) 7/31/2012 EXEMPT
J-51 EXPIRED

2010 EXEMPT APARTMENT - REG NOT REQUIRED

2011 PE 4/14/2015 EXEMPT
HIGH RENT VACANCY

2012 EXEMPT APARTMENT - REG NOT REQUIRED
(Goes on like that with no reported rent until 2020)

I might just be being stupid, but it seems like something is off? Any help much appreciated!!!
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Re: Was my apartment illegally destabilized?

Postby TenantNet » Thu Sep 03, 2020 9:56 pm

Maybe, maybe not. Can you scan the document (all pages) into a PDF document and send it to us via private mail (use the PM button on the left), or email to tenant - at - tenant.net

You should start some research on what J51 applications were made, and granted, if any, and the expiration date. You would go to the NYC DOF, but seems this site might also have the information.

Also DOF here: https://www1.nyc.gov/site/finance/benef ... s-j51.page

Or you can Google "nyc j51 buildings"

They are most likely claiming high rent deregulation (back then the trigger would have been $2,000) because of the j-51 tax abatement expiring.

Whether or not they can deregulate you apartment on the expiration of a j-51 ... well that gets complicated. Start by Googling "Stuytown J-51" and then search for "Roberts v. Tishman Speyer (13 NY3d 270 [2009])"

That was the first large-scale case on this issue, but there have been many other follow-up cases and outcomes would depend on the fact pattern of your building. A book was even written about this ("Other People's Money" by Charles Bagli)

I would also talk with older tenants in your building ... chances are some might have looked at this.

Here's one article from 2017, but there were other articles before and after that.
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