Should my unit be RS?

[map703]

In April of 2021 I signed a lease on an insane COVID-deal apartment at $1,850.00/month plus one free month for a spacious one-bedroom apartment with a large private terrace in Midtown. Like many, I'm anticipating a spike in rent (and having to move) once the lease runs out, but wanted to confirm its RS status first.

The building was constructed in 1900 and has 5 stories and 6 units. It does not appear to have received the benefits of 421-a or J-51 tax abatement.

I requested the records for my unit from the DHCR and "*REG NOT FOUND FOR SUBJECT PREMISES*" appears next to every year from 1984 to present except for 1997, where the apartment status is "RS" at $1,100.00. According to the records, the lease was renewed once and ended 02/28/1998.

As I've been searching for info, the building occasionally comes up under two different addresses, or combined with the nextdoor buildings as they are owned together. This is the case when I go to the NYC Department of Finance's Property Tax Public Access web portal. From the property's most recent Property Tax Bill Quarterly Statement I can see that they are charged $100 as a "rent stabilization fee" for 5 units.

Is this something I should continue digging in? I'm unsure as to what the next steps are for ruling out whether this unit is possibly RS. Thank you!

[TenantNet]

Based on what you've said, it seems to check the boxes for having RS units. You've already sought the DHCR rent history back to 1984 and what you got apparently confirms at least one year. The admission for one year of course begs the question, why not other years? And if deregulated, what was the basis and was it legal?

But be warned that no one thing can absolutely establish the RS status. Ultimately it's DHCR or the courts that make the decision unless the LL agrees to it.

You probably know there is a 4 year statute of limitations for overcharges, but there is no statute of limitations for RS status.

Did you check with NYC Dept. of Finance for 421-a or J-51 abatements. If built in 1900, then it would not be a 421-a building, but a substantial rehab (AKA gut rehab) might have deregged the place. What about the other tenants and other apartments?

That leaves high rent or high income deregulation. You have to check on that, and the deregulation threshold changed over time from 1997 to 2019.

Having alternate addresses is common. You can check with City Planning (zola.planning.nyc.gov) or the DOB website. Even with alternate addresses, the block and lot remains the same.

Somehow tied to adjacent buildings. Could it be a "horizontal multiple dwelling?" That might occur of more than one building shares certain building systems such as boilers.

I would keep digging. If the unit is RS, then it might fix the rent at a RS price and guarantee you a lease.