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DHCR saying my unit was destabilized

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

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DHCR saying my unit was destabilized

Postby Luktat7 » Tue Mar 14, 2023 11:47 pm

Hi all,

I am in a nasty housing court situation with my LL and refuse to give up. I live in Midtown in a building that has over 200 units built in the 1950s. Most units are RS. I moved into my unit in December 2020 and although the unit is somewhat renovated it is far from being “nice.”

I knew my landlord was going to do some ridiculous hike in 2022 because he claimed the unit was market. I got the rent history twice from DHCR and the last recorded rent in 1986 was RS at $630.00 a month. After that there is no rent history.

I filed a rent overcharge complaint with DHCR and am in a holdover case in housing court. Landlord obviously is trying to evict me. DHCR finally wrote me a letter today saying that the unit was destabilized in 2015 and the case is closed despite my landlord providing no evidence and also claiming I live in a unit that doesn’t unit exist. I live in 7O (letter O) and they are saying I live in unit 0-7 (zero seven.)

I realize I can appeal the DHCR decision but they seem to be corrupt as hell. What are my chances realistically of winning this ? The judge is also nuts and wants us to go to trial so this isn’t exactly an ideal financial scenario to be in. But I Feel like I can’t let me LL win this because I know that the unit is definitely RS I don’t believe the DHCR. I just don’t know how to prove it or what my next step should be.
Luktat7
 
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Joined: Tue Mar 14, 2023 11:35 pm

Re: DHCR saying my unit was destabilized

Postby TenantNet » Wed Mar 15, 2023 3:59 am

In general, tenants can only challenge deregulation using a 4-year lookback period, unless one can prove fraud, and that's not easy. That other units may still be RS generally would not impact your situation. But the lack of registration from 1986 forward might indicate something unique is going on.

Do you know if the building received a J51 or 421a tax abatement? If built in the 50's, I doubt there's a 421a. But look for a J51 abatement. You can check with the Dept. of Finance, but here's one place to start: https://rentguidelinesboard.cityofnewyo ... xemptions/

You say it's a holdover case. What is the basis for the holdover? Are they claiming you're creating a nuisance, or violated your lease? Remember, holdovers are not the same things as non-payment cases.

While an active DHCR case can - in some cases - allow the courts to stay a holdover, it's not automatic. Yes, you can appeal (you have 35 days), and you should FOIL the complete file. It might operate to slow things down.

The problem here is that your situation seems complicated and there is only so much we can do in the context of a forum like this (and we are not attorneys). You should probably have someone, probably a tenant attorney, look at everything, including all leases, registrations, tax benefits the LL might have, current court documents and so on. They can probably give you a more accurate assessment than we can.

One thing that might warrant a further look. If the LL claims the unit was deregulated in 1986, then on what basis? Neither High Rent nor High Income deregulation did not exist in 1993 at the earliest. I would think that if your answer claims a defense of being subject to RS, the LL would have to dispute that stating the unit was deregulated, but also state when, and pursuant to what provision or statute? There are some other exceptions that might have allowed deregulation back then, but they weren't common. SO you need to do your homework.

Also, if you (actually the LL) received ERAP benefits, there should be a stay of eviction for one year.

Having said that, situations like this have been discussed on this forum many time. I would spend some time researching forum questions and answers. But it's not easy, especially with deregulated units.
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Re: DHCR saying my unit was destabilized

Postby Luktat7 » Wed Mar 15, 2023 4:27 pm

Thank you for the reply. Yes this is indeed a complicated case and I did have to have a tenant attorney review it but he’s a bit frightened of the landlords attorney so he hasn’t been much help. I will definitely research the forums.

LL is claiming they destabilized the unit in 2015 with absolutely no evidence to support the claim. I received all the same documents the DHCR did and they submitted phony documents for a unit that doesn’t even exist they name “07.”

As far as abatements yes they are receiving from my early research. At this point I will try to stall the whole process by submitting an appeal and getting FOIL as you suggested. Thanks for the tip.

If you think of anything else that may help prove the unit is RS other than the rent history please do let me know ! Thank you :)
Luktat7
 
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Joined: Tue Mar 14, 2023 11:35 pm

Re: DHCR saying my unit was destabilized

Postby TenantNet » Wed Mar 15, 2023 4:37 pm

You don't say what abatements. That might be crucial. it might be unlawful for a LL to deregulate a unit while abatements are in place, and possibly thereafter. It also might depend on what notices were served on you - or perhaps prior tenants. I think DHCR has a fact sheet on all of this.

If the atty with whom you consulted is "afraid," I'd consult with another.
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