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don't take the landlord's word for it

Posted by chelsea on September 19, 2000 at 23:27:34:

In Reply to: what a mess - lets take it one step at a time posted by Ken on September 19, 2000 at 18:38:57:

No tenant should conclude based on a lease alone that an apartment is or isn't stabilized. It's to the landlord's advantage to misrepresent regulated apartments as free-market, and they do it all the time. You should check the DHCR rent registration, but not stop there if it's unregistered or registered as exempt. It's the landlord who fills out the registration, so it might be false too if a tenant has not challenged it. Look at the characteristics of the building: If it's a railroad flat in an old building with six units or more without a major buildingwide renovation, it's almost certainly subject to rent stabilization. It would be good to have the lease (to determine if you can recover legal fees, for one thing) but it's not the end of the world if you don't have it. The burden would be on the landlord to document the rent history in a DHCR or Housing Court case. It's pretty unlikely your landlord doesn't have your lease; they'd be out of their mind to buy a building without getting leases.

: 4) It sounds like your building is NOT rent stabilized. If it was you'd
: have a special rent-stabilization lease. In any case you can check with
: DHCR to confirm the building's status.

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