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Rent history suggests unit is stabilized - how to be sure?

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

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Rent history suggests unit is stabilized - how to be sure?

Postby BrooklynRenter2023 » Fri Jan 27, 2023 7:05 pm

Hello all, new poster here so forgive my formatting or if this is the wrong sub board for my inquiry.

I recently received the rent history for my unit in an effort to determine if it is Rent Stabilized as my landlord is asking for a substantial increase this year, a 23% increase conpared to this past year.

The rent history was interesting, with the last detailed entry showing that the unit WAS rent stabilized in 2015 with a rent of $2525 per month. For each year afterwards (from 2016 - 2022), each line states ‘REG NOT FOUND FOR SUBJECT PREMISES.’

Im wondering if anyone knows how to interpret this info. Am i right in assuming that the unit may still be stabilized and the landlord has simply not been reporting the status? A friend showed me an example of the rental history for his unit which showed ‘EXEMPT APARTMENT - REG NOT REQUIRED’ for 2021 and 2022, but mine only says REG NOT FOUND.

Is there a guide to interpreting these line items, and is there a chance that my unit is stabilized still? And if so, what is the best way to breach this subject with the landlord with minimal conflict? Ive had a good relationship with them so far after being here for two years in the unit. Thank you for reading, happy to provide more info if necessary.
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Re: Rent history suggests unit is stabilized - how to be sur

Postby TenantNet » Fri Jan 27, 2023 7:33 pm

You're in the right place, but I'm not sure if I have good news. In general, with a few exceptions, there is a 4-year look-back period on RS claims. That means if you filed a complaint today, go back 4 years to Jan. 27, 2019 and that's the date that DHCR would look to see if the unit was RS. Anything before that date is not considered. The period was 6 years (from the law change in 2019), but the courts annulled that to 4 years. There is an exception for fraud, but showing fraud is not easy and has pitfalls.

Still, it may be worthwhile to do as much research as you can on this unit and the building, create timelines, talk to other tenants, find the previous tenant if possible and so on. You might find something.

I would look to see how the unit got to $2525 in the first place. LLs often lie, and the registration information is what the LL files with DHCR, and DHCR never bothers to see if it's accurate. Then they might have done an "individual apartment improvement (IAI)" (Google that phrase) where 1/40th of the cost of the improvement could be added to the rent between tenants. In some cases, LLs lie about doing the improvements or the cost involved. See who did the work; if that person or company has tied to the LL, it might be disallowed.

Whatever research you do, do it quietly. You don't want the LL to find out what you're doing as they might make things hard for you.

The EXEMPT phrase on the rent history means the LL considers the unit deregulated, and guess what, DHCR never checks. They just stop with registrations.

If you wish, you can check with a tenant attorney (they would likely charge a fee) for an assessment of the situation. The more evidence you have, the better. (Disclosure, some tenant attorneys advertise on this site for which we receive advertising revenue, but we don't get fees for sending tenants to them - or kickbacks - we won't even know unless you tell us.)

Whatever you do, I would not let the LL know, and I would only ask fellow tenants if you feel they are trustworthy.
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Re: Rent history suggests unit is stabilized - how to be sur

Postby BrooklynRenter2023 » Fri Jan 27, 2023 11:03 pm

Thank you so much for the thorough response! I will follow up with the previous tenant to see if they have any futher information, but I agree that any protections i may have are tenuous at best with the information i have at present. The rate they are asking for this year is not entirely unreasonable given the current market, so perhaps its best to not rock the boat with this landlord without a slam dunk case and simply explore other options before renewing the lease. I have contacted a tenant advocacy organization to help explore the details of my situation but will certainly heed your advice to investigate quietly before confronting the landlord. Thank you again for the prompt and informative response; renting in this city is no small task and the forum youve maintained here is an invaluable resource!
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Re: Rent history suggests unit is stabilized - how to be sur

Postby TenantNet » Sat Jan 28, 2023 7:58 am

Hate to say this, but some of these "tenant advocacy groups" are worse than landlords on a bad day. If there was a better response to your query, we'd say so. With enough research and a willingness to litigate, you might find a hook somewhere, but not in the context of this forum where we can really only offer general assessments.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

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