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LL trying to remove Rent Stabilized status. Is my apt a HMD?

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

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LL trying to remove Rent Stabilized status. Is my apt a HMD?

Postby bluetanktop » Fri Jun 02, 2023 9:34 am

I live in RS unit in NYC, stabilized because of a J-51 benefit that expires in the 2030s.

Our apartment is in a rear building that resides behind a front building, both at the same address.

Although we've signed multiple RS renewals, LL recently wrote to us to say that our unit will no longer be rent stabilized after this term because they’ve learned that the J-51 benefit only applies to renovations done to units in the front building.

We wrote back with our rental history from DHCR and docs that show that the J-51 has not expired, but the LL says they registered the units in our building erroneously with DHCR 4+ years ago and the back building was never part of the J-51 docs.

After doing some research, we believe our building and the front building would be considered a “horizontal multiple dwelling” and the rear building units are in fact rent stabilized. Both buildings share a single entrance, intercom, mailbox, and BBL. Both buildings look alike—have similar renovations, railings, etc. (They do not, however, share a boiler.)

We also see on DOF that there is no separate tax bill for the rear building, as both are on the same block and lot. Tax docs show 2 buildings, and a total # of units equaling the front and back building units combined, and J-51 abatements.

Our lease doesn't expire until next year, so I'm unsure on how and when to move forward, especially if the LL doesn't deliver a RS renewal. We're trying to keep the peace, but also don't want to be taken advantage of. Thanks in advance!
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Re: LL trying to remove Rent Stabilized status. Is my apt a

Postby TenantNet » Fri Jun 02, 2023 10:21 am

Are the front and rear buildings connected in any way? Do they have common mechanical systems, i.e., is there one boiler that serves up heat and hot water to both buildings? I'm not agreeing with the LL, but yes (and you already know this) there is a thing called Horizontal Multiple Dwelling where two (or more) buildings essentially function as one.

You cite things like common entrance, etc. You say they don't share a boiler, but might that have been the case when the buildings were constructed? For example, in my building, the "heat plant" served several buildings on the block when it was constructed. Over the years that ceased to be the case as the other buildings obtained their own boilers.

Has there been any DHCR decision or court ruling that says this (but even if not, that does not mean it's not a HMD). It just means you might have to litigate it. And this is a perfect time to start a tenants association if none exists.

Also, I don't think you say, does the back building have 6+ units? Was it RS prior to the J-51 improvements? If it's not part of the J-51 program, then in our view, it should continue to be RS.

Seems like you're going to have to do some more research with DHCR, HPD, DOB and DOF. I'd get the original J51 applications to start.

I think you have a good case and it seems you've done some research on this. But J-51 can get complicated. You should probably speak with an attorney that handles these things. And consider that maybe the LL is doing down this road because someone else has, and gotten away with it.

Also understand that in most cases I've seen, HMD become an issue when one of the buildings have less than six units - and therefore would not normally qualify for being RS. But when combined, there are 6+ units.

I'd also look at these search results (this is a landlord publication)
https://www.landlordvtenant.com/categor ... e-dwelling
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Re: LL trying to remove Rent Stabilized status. Is my apt a

Postby bluetanktop » Fri Jun 02, 2023 1:45 pm

Thanks for your reply! The front building has 6 units and was RS before renovations, the back building has 2 units and according to the DHCR history wasn't rent stabilized until the J-51 went into effect.

You have to walk through the front building in order to access the back building (there's no other access point), and our patios are connected by the same fencing in the courtyard. I believe we also share a water line.

The closest case I can find on LVT is this one: #28184, which sounds really similar—thanks for sending that!

Sidenote: do you know if the LL is notified if you do a FOIL for J-51 records? Thanks again for your insight.
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Re: LL trying to remove Rent Stabilized status. Is my apt a

Postby TenantNet » Fri Jun 02, 2023 2:32 pm

That could be a problem. I asked a tenant atty who thought the lack of a shared boiler would make it difficult. But I would still research cases (see the link from above).

He mentioned collateral estoppel, but I'm not sure if that's an issue here. Either way, it's bound to be litigated. AFAIK, the LL should not be notified of a FOIL request, but there are exceptions.

I emailed you a copy of the case you mentioned (although have not read it)
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Re: LL trying to remove Rent Stabilized status. Is my apt a

Postby bluetanktop » Fri Jun 02, 2023 7:16 pm

Thanks for the email. I've been doing lots of research and every day I learn something new, seems like a pretty complicated issue. Appreciate the help!
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