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Re: NYC rent stab. raise greater than 2% or 4%

Posted by Mark Smith on March 21, 2000 at 08:34:04:

In Reply to: NYC rent stab. raise greater than 2 or 4% posted by Todd Schwarz on March 20, 2000 at 15:58:13:

File two complaints with DHCR: (1) the landlord has overcharged you, and (2) the landlord has not offered you a timely and proper renewal lease. DHCR should order the landlord to offer you a renewal lease with a 2% (one-year) or 4% (two-year) rent increase, with an effective date to reflect the landlord's delay.

Even if your original rent was legally $850, the raise to $875 for a one-year lease may be illegal, even though it was given three years after you moved in.

The form that you mentioned indicates that the landlord had given you a rent less than the legal regulated rent. Whether this is true or not does not affect you. Your increase will be based on your original $850 rent, plus a proper increase or proper increases.

If you move out, a new tenant will be confronted with the issue of a possible higher legal rent. However, DHCR might address the issue in your complaint.

: My landlord has just offered me a lease with a raise (set for July 1) from 875 to 950 for one year, or 975 for two years. I am rent stabilized and have lived here since Nov. '96. I received one rent increase, in '99, of 25$. I don't know if he has a right to raise my rent by this much but doubt it as it goes well beyond the 2 or 4 % that I thought is supposed to apply.

: In section 2 of the 'Renwal Lease Form' there are 7 columns with some confusing info. Column 'b' lists the "legal rent on Sept. 30 preceding commencement of this renewal lease" as 1196.15. Column 'c' has the "authorized applicable guideline increase", and then column 'g' has the "New rent (if lower rent is to be charged check box" information, which is now above 1200$. My landlord is offering me substantially below this 1200$ value, but nonetheless is giving me a raise much greater than the amounts listed in column c.

: If he has not been charging me the column 'b' listed legal rent can he willy-nilly increase to that level and only then be subject to rent increase guidelines or is he bound by what

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