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Reported legal rent exceeds deregulation threshold

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

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Reported legal rent exceeds deregulation threshold

Postby mdm032100 » Thu Aug 09, 2018 8:27 pm

I am in an apartment that was presented as being rent stabilized, but the most recently reported legal maximum rent exceeds the threshold for deregulation, though I cannot find any evidence that an order of deregulation has been issued. Now I have less than 60 days until the expiration of my lease and my landlord has not offered me a renewal, and she has expressed to me that she does not want to offer me a renewal on account of me smoking in the apartment (there is not a smoking prohibition in the lease). So, I am concerned about whether I will be at risk of eviction when my lease expires. I’m sorry if this is long winded.

I moved into an apartment in Brooklyn in October of 2017 that was presented as being rent stabilized. At the time I knew nothing about rent regulation in NYC. I was never offered the option of a 2 year lease, and I was not given a lease rider explaining how the legal maximum rent was calculated. I signed my lease and then picked up copy of it from the broker a week later. It’s possible that I signed or initialed other documents, but all I received when I returned to pick up the lease was the lease itself.

The lease states in handwriting that the legal maximum rent is $2,838.70, and my preferred rent is $1,950 (see picture of lease below). This is also the number that was reported to the DHCR on 7/11/2018, less than one month ago (see picture of rental history). The legal maximum rent reported on 7/26/2017 when the apartment was vacant was $1,890.08. So the legal maximum rent increased by $948.62, which seems a little steep even with the vacancy increase. It seems that all they are claiming is the vacancy increase and IAI’s, I do not believe that there was an MCI because there is no mention of it in the rental history or in the annual registration that I received (see picture of rental history and annual registration below). If my calculations are correct, they would have had to spend $18,000 on IAI’s, which seems implausible.

Anyways, my main concern is this. If the legal maximum rent is $2,838.70, then I believe this apartment would qualify for deregulation due to high rent. The landlord has not offered me a renewal lease with less than 60 days left on my lease and has expressed her desire not to offer me one. However, my understanding is that I am not at risk of eviction at the end of my lease if the landlord has not offered me a renewal assuming that the apartment is rent stabilized, but not if the apartment is deregulated.

So, am I at risk for eviction at the end of my lease? Again, the amount my landlord reported this year exceeds the deregulation threshold, but the rental history says that the apartment is still rent stabilized (see picture of rental history). I also never received anything from my landlord or the DHCR indicating that an order of deregulation had been ordered or was pending. Also, the annual registration that I received within the last month says nothing about the apartment being exempt or deregulated. Is there a way I can determine whether an order of deregulation has been issued by the DHCR? Does that even need to happen for me to lose my rent stabilization rights?
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mdm032100
 
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