Automatic deregulation of RS

[TenantNet]

No it didn't. You copied from https://rentguidelinesboard.cityofnewyo ... 03book.pdf (page 139). It's a combination of bad kerning from the document and bad OCR on your system. But either way. please take a minute and just go through it and remove the errant spaces. It's not that hard.

[gingerginger]

Yes, I copied and pasted it from a PDF that I had downloaded to my computer. There were spaces in between the letters.

Was agreeing with you that I would edit future posts like that one. Didn't realize you were asking me to edit what I had already posted.

I just went to the online version and was able to copy and paste it without spaces in between the letters

[TenantNet]

Thank you, but just to be clear, it's bad kerning (space between letters) and not extra spaces. Google it.

[gingerginger]

Yes, as shown in the previously uploaded screenshot, the system added extra spaces, displayed with blue dots in between letters.

Screenshot of copied and pasted text with spaces shown in between letters
Screenshot 2023-09-28 at 2.13.22 AM.png (26.56 KiB)

download/file.php?id=321

[gingerginger]

Adding this to the documents found online about deregulation not being automatic:
https://rentguidelinesboard.cityofnewyo ... hanges.pdf

NYC Rent Guidelines Board
Changes to the Rent Stabilized Housing Stock in New York City in 2004
June 5, 2005

page 4
"Registration of deregulated units with DHCR was voluntary and not required from 1994-2000"

Note: Registration of deregulated units with DHCR was voluntary and not required from 1994-2000.These totals represent a ‘floor’ or minimum count of the actual number of deregulated units in these years. The NYC City Council required proof of registration with DHCR of the unit as exempt to be sent to the tenant beginning in March 2000 (see Endnote 5).

Source: NYS Division of Housing and Community Renewal annual registration data.

[gingerginger]

Adding this to the documents found online about deregulation not being automatic:
https://www.landlordvtenant.com/article ... ewal-lease

Tenant of Improperly Deregulated Apartment Entitled to Rent-Stabilized Renewal Lease
September 24, 2023

To obtain high-rent vacancy deregulation in 2003, the landlord had to comply with RSL Section 26-504.2(b) and give notice to the first tenant after exemption and send that tenant a DHCR registration statement, indicating the last regulated rent, the reason the apartment no longer was rent regulated, a calculation of how the rent was calculated to exceed $2,000 per month, a statement that the last legal regulated rent may be verified by contacting the DHCR, and the DHCR's address.

"The high rent vacancy increase of an apartment was never automatic." The DHCR also found that the apartment was improperly registered in 2003.

65 Spring Realty LLC v. DHCR: Index No. 156324/2022, 2023 NY Slip Op 33023(U)(Sup. Ct. NY; 8/30/23; Sattler, J)

[Ohio_steve]

@gingerginger
It seems you are still working this . The answer to your original question is no.

You ask whether an apartment can be lawfully removed from stabilization. The answer is yes, so long as it was lawfully removed at the time . IIt is easier if you think of it as luxury decontrol or vacancy increase. Also, a landlord might want to move back , etc. Those days are over.


You do not mention, but it seems like you are concerned about treble damages. Under the example you raise- preferential rent- you should be.

[Ohio_steve]

It would be more helpful for you if you stated your facts. You are cherry- picking laws and court opinions that span 25 years. You have not even reached the new laws from 2023, passed to clarify 2019.

[gingerginger]

@Ohio_steve
Thanks for replying

> The answer to your original question is no.

These were my first questions:
My question is regarding deregulation of a rent stabilized apartment once it crosses a deregulation threshold before HSTPA of 2019.

I have read the Rent Act of 2011 and 2015, and more from the past, but cannot find the words that state exactly that an apartment is automatically deregulated even if the landlord did not deregulate it on purpose.

Can you help direct me to where I should be looking? Should I be looking at lawsuits cases? Or a specific law or amendment?

> You ask whether an apartment can be lawfully removed from stabilization. The answer is yes, so long as it was lawfully removed at the time .

If the landlord did not take action to deregulate a rent stabilized apartment, then which specific lawsuit or case can I find this information? There was no luxury decontrol or vacancy increase.

My specific interest is whether or not an apartment can be lawfully removed from stabilization if the landlord did not file to deregulate or take any action to deregulate.

> You have not even reached the new laws from 2023, passed to clarify 2019.
Is there a way to search for these by tenants who are not lawyers?

[TenantNet]

"My specific interest is whether or not an apartment can be lawfully removed from stabilization if the landlord did not file to deregulate or take any action to deregulate."

Ginger, I'm not going to go back and reread this all over again. But you seem to be barking up a forest of wrong trees. It's the wrong question. They deregulated because they can and no one stops them. That's all.