I'm trying to get a sense of how much of a case I may have on whether my LL illegally deregulated my unit? This particuar LL was in the press a few years ago over illegal deregulation on their other buildings. Here are the pertinaent details:
1. 16 unit building built in 1910
2. Based on rent history, unit was RC 1984 - 2010
3. Based on rent history, unit was RS 2011 - 2018. 2011 states "2011-D RS"
4. Tenant from 2018 renewed and moved out sometime in 2020. No reg found for 2019-2021
5. Building received J51 benefits in 2001 and they expired in 2017
6. LL claims unit is no longer RS given the expiration of J51 in 2017
7. I know of at least two other units that are either RC or RS. I'm deducing based on the tenants' 30+ year tenancy; they're older.
7. My lease renewal has an 50% rental increase
It's my understanding, based on reading DHCR fact sheets #41, that the expiration of J51 only impacts RS units that became RS because of J51. So, if a unit was rent regulated (I don't know if this means RC and RS) prior to J51, then the expiration of J51 would have no impact.
The question seems to be what caused the unit to become RS in 2011? Based on rent regulation guidelines/fact sheets #6, RC becomes RS when the RC tenant vacates; however, my LL is contending that the unit became RS due to J51. I'll also note that the LL bought the building in 2015, so I wonder how informed they are with all of this.
I hope this was clear enough and I appreciate any help. Thanks much