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Unregistered Rent Stabilized Apartment

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

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Unregistered Rent Stabilized Apartment

Postby alinnyc » Mon Mar 25, 2002 3:48 pm

I recently obtained an apartment history from DHCR, which shows that my apartment was
initially registered for Rent Stabilization over four years ago, but the annual registrations don't
show on DHCR's computers (although I received varying forms claiming to be registrations
from the landlord). For the last 3 yrs, the apartment was not registered on DHCR's computers.

Two years ago, I signed an RTP-8 lease renewal, which raised my rent.

If I'm not mistaken, failure to register the apartment prevents the landlord from applying for
or receiving an increase in rent. I'm due to receive another lease renewal this year.

Since the apartment is not registered on DHCR's computers, can I get credited for the
increased rent collected over the last two years? Can the rent on the new lease be reduced
as well?
alinnyc
 
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Re: Unregistered Rent Stabilized Apartment

Postby Lilly » Tue Mar 26, 2002 8:14 pm

You are correct, ecxcept it has been my experience that all the LL has to do is register the apartment for the past years and that wipes the slate clean. Unless I'm really wrong, you can file an overcharge complaint with DHCR or anything else, and when DHCR notifies the LL, LL will then register the past rent and DHCR will deny your overcharge or other complaint.
Lilly
 
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Re: Unregistered Rent Stabilized Apartment

Postby lappert » Tue Mar 26, 2002 8:26 pm

Well that's true as long as no overcharge occurred (unrelated to the failure to register). Which of course, begs the question, what's the point of registering if failure to do so has no downside. It makes rent regs essentially voluntary. For every tenant that catches on that the unit is regulated, there are ten that don't -- and it makes the odds in the landlord's favor. Paying an occasional overcharge is nothing compared to what they are getting away with. And don't blame this nonsense on Pataki or Bruno.
lappert
 
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