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Posted by Anna on May 12, 2000 at 09:07:19:

In Reply to: Re: managing agent illegal? probably illegal rent too posted by Stacy on May 11, 2000 at 17:02:04:

: I searched extensively and couldn't find anything addressing this issue, specifically. I also called the Manhattan office of the state's attorney general, but no one there seemed to have a clue.

It is called 'key money' and is illegal even for apartments that are not stabilized.

http://housingnyc.com/guide/basics.html

http://www.tenant.net/Rights/CTRC/ctrcf105.txt

: The rent is well below $2000 (it's a studio apartment), and I'm quite sure it never reached that high; however, the agent once made an offhand reference to the owner having lived there for a number of years. Aren't owner-occupied apartments deregulated?

NO. After owner-occupancy, it returns to rent stabilization. In most cases it should still be stabilized. Read the basics on the DHCR website. Search here for 'census': there's a link to an HPD explanation of the exceptions.

:In any case, I ran the building through TenantNet's "are you stabilized" thing, and it said some apartments in the building are stabilized and some are controlled.

This means some apartments were registered as rent controlled, some stabilized at the time the database was copied. More proof all should still be stabilized. Rent control vacancies become rent stabilized for the new tenant, the rent is set by DHCR.

: I did e-mail DHCR to request a rent history, so hopefully something will come of that.

e-mail? new one! let us know if it works and how fast.
The fastest way to get one is to walk into one of their 6 local offices, adresses on DHCR website. If you call them, they will mail it to occupant within a couple of days.

:I'm still trying to figure out my key quandry, however: are deregulated apartments still subject to the no-fees-for-owners/managing agents clause (the key money rule)?

see above.

:And are overcharges still subject to treble damages in deregulated apartments? Any info would be very much appreciated.

Overcharges only exist in rent regulated apartments. Market rate means 'whatever the landlord can get from a tenant'.

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Comments:
: : I searched extensively and couldn't find anything addressing this issue, specifically. I also called the Manhattan office of the state's attorney general, but no one there seemed to have a clue. 

: It is called 'key money' and is illegal even for apartments that are not stabilized.

: http://housingnyc.com/guide/basics.html

: http://www.tenant.net/Rights/CTRC/ctrcf105.txt


: : The rent is well below $2000 (it's a studio apartment), and I'm quite sure it never reached that high; however, the agent once made an offhand reference to the owner having lived there for a number of years. Aren't owner-occupied apartments deregulated?

: NO.  After owner-occupancy, it returns to rent stabilization.  In most cases it should still be stabilized. Read the basics on the DHCR website.  Search here for 'census': there's a link to an HPD explanation of the exceptions.

: :In any case, I ran the building through TenantNet's "are you stabilized" thing, and it said some apartments in the building are stabilized and some are controlled. 

: This means some apartments were registered as rent controlled, some stabilized at the time the database was copied.  More proof all should still be stabilized.  Rent control vacancies become rent stabilized for the new tenant, the rent is set by DHCR.

: 
: : I did e-mail DHCR to request a rent history, so hopefully something will come of that.

: e-mail? new one! let us know if it works and how fast.
: The fastest way to get one is to walk into one of their 6 local offices, adresses on DHCR website.  If you call them, they will mail it to occupant within a couple of days.

: 
: :I'm still trying to figure out my key quandry, however: are deregulated apartments still subject to the no-fees-for-owners/managing agents clause (the key money rule)?

: see above.

: :And are overcharges still subject to treble damages in deregulated apartments? Any info would be very much appreciated. 

: Overcharges only exist in rent regulated apartments.  Market rate means 'whatever the landlord can get from a tenant'.


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