Hi TenantNet Forums, sorry ahead of time, i'm not good at writing. Im posting today to get validation on the information i've gathered from these forums and numerous sites on the internet regarding rent stabilization and preferential rent.
From everything I read on this forum and internet I firmly believe I am living in a rent stabilized apartment. My landlord claims I am not and has mentioned twice that I do not have a rent stabilized apartment. Once when I signed my lease to move in. The second time was last week when my lease renewal letter came in. It stated in bold letters, "THIS APARTMENT IS NOT SUBJECT TO RENT STABILIZATION".
Details about my lease/building and why I believe it's a rent stabilized apartment
- Lease started on Dec 15th 2018 for an all utilities included apartment with a preferential rent of $1600, the legal amount is $2400.
- Ground floor apartment that included utilities, all other apartments on the higher floors pay for their own utilities.
- When I signed my lease in 2018, it came with a "Lease rider for rent stabilized tenants", as well as another lease rider that outlined the legal rent and preferential rent.
- I have requested and received my apartments rent history from the DHCR's Office of Rent Administration and my apartment is coded RS under apartment status (Rent Stabilized)
- Built In The 1930's and has over 115 units
- Has never reached $2,774.76 to become deregulated prior to the new rent laws.
- Does not seem to be receiving J-51 or 421a tax abatement
- The landlord is either being generous or just following the law because I received my rent renewal mid September and my lease ends on Dec 31st. which follows the "landlord is required to send a renewal lease offer between 90 and 150 days before your existing lease expires."
- No Certificates of Occupancy on file
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Do i qualify for the new rent laws regarding preferential rent that passed on June 2019?
According to according to DHCR Fact Sheet 26 and 40, if everything I said above about being rent stabilized is correct, then the answer is yes.
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Regarding my lease renewal,
The renewal form I received from them was just a letter stating
- My new rent (raised to max legal amount + 1.5% increase),
- Stating i am NOT living in a rent stabilized apartment.
- And only giving me the option of a 1 year lease renewal or moving out.
As I've researched, I should of been offered a renewal form (Only on a RTP-8) with an option for 1 or 2 years. It should of also came with an updated copy of the New York City Lease Rider For Rent Stabilized Tenant. The rent on the renewal form should be based off of my preferential rent from my original lease in 2018.
The increase to rent should only be what the rent guidelines board allows which is...
https://www1.nyc.gov/site/rentguidelinesboard/index.page
- 1.5% for a 1 Year Lease Renewal, or
- 2.5% for a 2 Year Lease Renewal
Thank you for reading, sorry for the long post.