Hello
First off thank you for this resource, I so wish I had found it earlier in dealing with the property management for my unit. I did look back through quite a number of similar posts and didnt see anything addressing my particular question - apologies in advance if I missed something.
My LL elected to not renew my lease (I believe in retaliation for me switching from "self paid" to a HRA voucher during my tenancy), and while talking to legal aid they noted that most units in the building were RS . I got the rent history from DHCR and it lists the unit as RS up to 8/31/2018 when the legal regulated rent was $2129.09 and preferential rent was $1580. the actual rent paid column is blank. Seeing this I got excited as it seemed as if I would have a case for the high vacancy exemption to be invalidated until i read an excerpt from this : http://www.itkowitz.com/booklets/Guide-To-The-Housing-Stability-And-Tenant-Protection-Act-Of-2019.pdf
"“An apartment will also qualify for deregulation upon vacancy by the tenant, where a preferential rent of less than $2,500 per month is charged and paid and a higher legal regulated rent has been established.” DHCR Fact Sheet # 36; See RSC § 2520.11[r][5]; [s][2]."
I'm having trouble parsing the statement - is this saying that when the preferential rent is less than the legal regulated rent, then a high rent vacancy removal from RS is valid even if the legal regulated rent has not reached the exemption threshold?
I'm considering filing a complaint with DHCR but dont want to waste my time if there isnt a leg to stand on, so to speak.
Thank you so much.