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Reg not found for subject premises. Can I be stabilized?

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

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Reg not found for subject premises. Can I be stabilized?

Postby btanar » Tue May 17, 2022 9:15 am

I am renting an apartment and my lease is up for renewal in 2 weeks. The building has 10 units and I know that some of them are rent stabilized. I have requested the rent history and the last page of the document looks like the following:

2013 *Rent Control - REG NOT REQUIRED*

2014-D RS 10/27/2014 AMT MISS IMPRVMNT
TENANTS:….

2015 *REG NOT FOUND FOR SUBJET PREMISES*

2016 *REG NOT FOUND FOR SUBJET PREMISES*

2017 *REG NOT FOUND FOR SUBJET PREMISES*

2018 *REG NOT FOUND FOR SUBJET PREMISES*

2019 *REG NOT FOUND FOR SUBJET PREMISES*

2020 *REG NOT FOUND FOR SUBJET PREMISES*

2021 *REG NOT FOUND FOR SUBJET PREMISES*


I am not sure how to interpret the ‘reg not found’ entries. I have gone through my lease and there isn’t an obvious information suggesting that my unit is rent stabilized. Can my landlord be not open about the unit’s status and can I actually be RS given that it was an RS unit 8 years ago? My current rent is $2550 for the year 2021-2022 with 1 month free.
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Re: Reg not found for subject premises. Can I be stabilized?

Postby TenantNet » Tue May 17, 2022 9:34 am

First, if your renewal is up soon, we suggest your sign that ASAP. Make sure you have a signed renewal so the LL can't rescind it. Having a renewal will not prevent you from quietly investigating if your unit should be RS.

Do NOT talk to the LL about this now. He/She might get nervous and pull the renewal. Keep it quiet. You can still continue your investigation. Only file a complaint if and when you have a very good case.

In 1984 all buildings that contained that were - at the time - either RS or RC were required to register with DHCR. RC units were required to register once, in 1984 and not required to register annually after that.

However, RS units were required to submit annual registrations. So that's why you might see a RC registration in 1984, but not after that.

From what you've indicated, the unit was until 2013, occupied by a RC tenant.

Chances are the RC tenant either died or moved away. The units can then be converted to RS or free market. It appears the LL is claiming they spend enough money with upgrades that would add sufficient rent (at 1/40th the cost of the improvement) to take it over the deregulation threshold.

So after that, then the unit would not be required to register as it would be unregulated.

Many (I would say most) landlords engage in fraudulent deregulation because DHCR never checks. Only when a tenant complains, they might look at the situation, but the law also prevents DHCR from looking back more than 4 years to determine if there were problems. There are some exceptions for fraud, but those are hard to prove.
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Re: Reg not found for subject premises. Can I be stabilized?

Postby btanar » Tue May 17, 2022 9:50 am

Thanks for the quick reply! My new offer is $2850 monthly with again 1 month free. I am worried that if I am currently rent stabilized and within the RS threshold, with the new rate I will be over the threshold. Even if I do not have strong evidence that this unit is RS, can I start a case with DHCR to look into the situation? How long does it take for these cases to be resolved?
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Re: Reg not found for subject premises. Can I be stabilized?

Postby TenantNet » Tue May 17, 2022 12:46 pm

Since 2019 there is no more deregulation, so no threshold. So if you are RS and your rent is $5,000 per month, then you would still be RS.

Do not start a case with DHCR until and unless you have a good case. That would tip off the LL and they can decide to not renew your tenancy. Also, DHCR is not your friend (and it can take years).
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Re: Reg not found for subject premises. Can I be stabilized?

Postby BubbaJoe123 » Thu Jun 02, 2022 7:49 pm

When a Rent Controlled (RC) apartment becomes vacant, the apartment moves over into Rent Stabilization, with the initial stabilized rent set at whatever the market will bear. Prior to 2019, if that initial lease was signed at a rent above the deregulation threshold, then the apartment was deregulated. So, if that first post-RC tenant signed a lease at or above $2500 (the threshold in 2013/14), then the apartment was deregulated, regardless of how much or little the landlord spent in improvements.

Alternatively, the landlord could (theoretically) have signed an initial lease below the deregulation threshold, and then made (or at least claimed) improvements to the apartment to get IAI credit that would push the legal rent above the deregulation threshold, but that seems less likely. For example, sign an initial lease at $2000, then claim $20k in improvements (getting a $500/month IAI), to get to $2500, and be over the deregulation threshold.
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