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Rent registration false registration

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

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Rent registration false registration

Postby Bktenant » Mon Mar 11, 2019 10:05 pm

While Reviewing my rent registrationi noticed that for registration years 2016 and 2017 my landlord filed on may 15 2018 for 2016 and 2017 two leases for supossed tenants yet the lease dates overlap each other. This is only one of my indications that these are not legit. Now my question is it possible that this is correct?
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Re: Rent registration false registration

Postby TenantNet » Mon Mar 11, 2019 10:25 pm

What are the lease dates for the two tenants? Are you saying the 2nd tenant moved in before the 1st tenant's lease was up?
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Re: Rent registration false registration

Postby Bktenant » Tue Mar 12, 2019 12:15 am

Thanks for your response. Ill try and detail it best i can. Rent history has been pretty consistent until recent.

From 2006 to 2015 registration years this tenant is listed

Registration year 2014 was filed 1/27/2015 lease date 11/01/2012 to 10/31/14 (same tenant)

Registration year 2015 was filed 2/28/2017 lease dates 11/01/2014 to 10/31/16 same tenant

I moved in 2/1/2018

Registration year 2016 (*new presumed false tenant ) was filed on 05/02/2018. Lease starting 11/01/2015 to 10/31/2017

Registration year 2017 filed on 05/15/2018 *another different questionable tenant* lease begining on 11/01/16 ending 10/31/2018
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Re: Rent registration false registration

Postby TenantNet » Tue Mar 12, 2019 12:30 am

I'm not sure I follow, but I'll stare at it again. But to help you out, LLs are required to register rent stab units each year by July 31st of the year. In those registrations, they must indicate the rent as it existed on April 1 of that year.

So if the rent on April 1 was $1,000 per month, but it went up to $1,200 per month on May 1st, then the registration that the LL files (and sends to the tenant) by July 31 must indicate the April 1 rent - in this case $1,000.

Of course leases can start and end at any time. If a tenant has a 2-year lease, but leaves after 18 months, then the LL can re-rent the place at that time, which is before the earlier lease is up. That assumes the LL has regained legal possession of the unit, either through court order or by the tenant and LL agreeing to end the lease early.

Let us know if this helps.
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Re: Rent registration false registration

Postby Bktenant » Tue Mar 12, 2019 12:32 am

Thanks that helps i do want to know if it is possible to get an eviction record if i can prove that the long living tenant was evicted months before i moved in would that prove that the other registred tenants did not exist?
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Re: Rent registration false registration

Postby TenantNet » Tue Mar 12, 2019 12:40 am

Don't know. DHCR does not have "eviction records." You can go to the Housing Court in your borough and look up all cases on the computer. (some are online, but they go away from the online case listings once the case is over). But you would have to know the name of the tenant being sued and the legal name of the building owner. Once you get that record, you can get a docket number. If they have the paper file still on-site, you can look at it. For older cases, they are kept off-site storage. One time I was able to have them retrieve a ten-year old case, but it took a few months to get them to do it. More recent cases should still be in the court house.

One way to proceed is to talk to your neighbors and see who they know actually live in the place over the years. That doesn't prove anything, but it would help you from pursuing mindless searches.
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Re: Rent registration false registration

Postby Bktenant » Tue Mar 12, 2019 12:45 am

Yeah this is great help. So i will go to housing court this week and do some research. And with luck i may find something. If i happen to find it and get a hold of the eviction order what can i do with that information?
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Re: Rent registration false registration

Postby TenantNet » Tue Mar 12, 2019 1:12 am

What can you do with it? I don't know. It would show a particular tenant was sued, and presumably the outcome of that proceeding. The record aren't perfect and neither are any conclusions you can derive from the records.

FYI, my comments above are for Manhattan Housing Court. But you would go to Brooklyn Housing Court and I do not know if the procedure is the same, or different.
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