TenantNet Forum

Where tenants can seek help and help others



rent stabilized - landlord bought my unit from sponsor

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

Moderator: TenantNet

rent stabilized - landlord bought my unit from sponsor

Postby enf1945 » Tue Sep 01, 2020 11:23 pm

. . .back long time ago an "investor" bought
my rent stabilized unit from a sponsor.

Odd, i got my rent history from DHCR

it does show me listed as initial rent stabilized tenant in DHCR record .
But when my current landlord bought my unit it shows my unit as a " coop/condo" . ;
"exempt reg not required".

then in shows for the next year (in the 90's) as the owner as tenant,
and since then as "exempt reg not required".

i still get rent stabilized leases.

can the landlord say my place isnt stabilized ?
for all i know he had the DHCR record changed recently

thanks
enf1945
 
Posts: 6
Joined: Tue Mar 26, 2013 9:24 pm

Re: rent stabilized - landlord bought my unit from sponsor

Postby TenantNet » Wed Sep 02, 2020 12:02 am

I assume this is a coop or condo apartment. Normally, with coops (not sure about condos), RS tenants in place when the conversion takes place (under a non-eviction plan), they can remain RS. But new tenants coming in after the conversion are normally not RS.

An eviction conversion plan needs 50% of the tenants to approve it; a non-eviction plan only requires 15% of the tenants. Google "NYS coops conversion plans" or "NYS coop conversions" or "NYS coop conversions black book"

Here's one article: https://www.nytimes.com/1988/03/27/real ... rsion.html -- but there are many that describe the process.

It would help to get the so-called Black Book - which details many things. The sponsor would have it, and so should other tenants who were in occupancy before the conversion. The NYS Attorney General should also have it.

You say the DHCR rent history says you are/were RS. Could it be just a matter of timing? Rent registrations must be submitted by the LL by July 1 of each year showing the rent as it existed on April 1 of that year. So it could be a mistake.

As for coop/condo issues, we're not experts on that. If the owner is listed as a tenant, that suggests it could be a coop where the LL owns shares of the corporation that owns the building. The "owner" would technically be the tenant and you would be the subtenant.

How many years was it registered with DHCR?

Have you been getting registrations every year? If so, you did keep them, yes?

But registration itself does not create RS rights. You can file with DHCR, but I would get more information and perhaps consult with a tenant attorney before doing that.

From what you indicate, your registrations (up to a point) say you were RS. Your leases are RS. That's good evidence, but I don't know if it will actually create a RS tenancy.

Also consider what you are after as any action from you will likely piss off the LL. Do you want any overcharges (but you say the LL give you a RS lease and presumably raises the rent in accordance with the RGB). Do you just want a declaration that you are RS? What do you want?
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9649
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: rent stabilized - landlord bought my unit from sponsor

Postby enf1945 » Wed Sep 02, 2020 12:57 am

thanks for your reply.

You are correct on non eviction plans.

it was a non eviction plan. i was a tenant before the plan was effective but decided not to buy.
I have lived here for over 30 years

what i want :

- to make sure the LL doesnt say i'm not rent stabie cause DHCR says the unit isnt

- also. the LL NEVER sent the required yearly rent stabilization registration to DHCR every year.
Does that mean they were never legally allowed to raise my rent ???
enf1945
 
Posts: 6
Joined: Tue Mar 26, 2013 9:24 pm

Re: rent stabilized - landlord bought my unit from sponsor

Postby TenantNet » Wed Sep 02, 2020 6:46 am

OK, since you were a tenant prior to conversion (and I assume you were a RS tenant), then you should continue to be a RS tenant.

Your rent history with DHCR should go back to when you moved in. You said 30 years, so that is at least 1990, maybe before. But remember, DHCR registrations only show what a LL reports to DHCR and then they only look at it if and when someone complains. (that is the fundamental flaw of the system - that DHCR doesn't really know if a unit is RS or not).

Lack of proper registration, in theory, should freeze the rent. But DHCR doesn't always follow the law or even its own rules. They allow landlords the retroactively register with no penalties.

I suggested caution because, if you're wrong and lose, you could piss off the LL to the point where he might seek to evict you. So I would suggest doing things one-by-one, collecting evidence, not making threats, etc.

Look to see if there might be a reason for the registrations to claim you are no longer RS. Is it just the LL trying to break the rules? If you have the conversion documents, look at them closely. Are, or were, you in danger of deregulation due to high rent or high income deregulation? Did your rent ever exceed the rent level that served as a trigger for deregulation? (it started at $2,000 and eventually got to over $2,700). Anything else that might have prompted all this?

You're trying to eliminate all the other causes, and in the process build a case.

Don't let him know you're sniffing around. See if other long-term tenants have similar experiences, but be quiet about it.

Eventually you might have to confront the owner, either directly, or by DHCR. Either way, compile as much evidence as you can. You don't know yet what his explanation will be, but they come up with some real doozies.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9649
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: rent stabilized - landlord bought my unit from sponsor

Postby enf1945 » Wed Sep 02, 2020 8:40 am

my rent is not above $ 2000 .
If the LL can retroactively register for past years. Seems they
would never be liable for violating DHCR rent registration rules going back more than 4 years ?

Thanks
enf1945
 
Posts: 6
Joined: Tue Mar 26, 2013 9:24 pm


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: Google Adsense [Bot] and 18 guests