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Posted by Ace on May 19, 2001 at 22:15:09:

In Reply to: Unstabilized apt. in stabilized building? posted by Skeptical Renter on May 18, 2001 at 16:22:46:

Call DHCR and get the rental history on the apartment. They can even tell you on the phone if that particular apartment is rent stabilized or not. Stay mum til you see the lease. If the apartment is rent stabilized, the lease must state this in its title. One of the few ways that LL's can get a tenant out of a rent stabilized apartment is claim it for a relative of theirs. The only problem is, the LL has to prove that this is true -- the relative must be in residence for three consecutive years. If it's found out otherwise, then the LL can be hit with getting no further increases on the rest of the apartments in the building for a few years as penalty.

If you see from DHCR's report that the apartment falls under this category, that LL may have tossed a previous tenant by using the relative idea under false pretenses, report the LL to DHCR immediately.

You don't need to deal with this shady LL or the real estate agent. I would report that b*****d too.

: I was shown an apartment in Brooklyn today in a building that the broker said was rent stabilized. He said that the particular apartment was not stabilized, however, because it was "for the landlord's immediate family, so it's not rent stabilized." I didn't want to ask too many questions, as the apartment is fantastic and I want to get it, and I figure it's better to sign a lease first and deal with the legalities of rent stabilization afterwards. But I'm wondering what he could be talking about. Is it possible to have a non-stabilized apartment in a stabilized building, and if so, under what circumstances?

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Comments:
: Call DHCR and get the rental history on the apartment.  They can even tell you on the phone if that particular apartment is rent stabilized or not.  Stay mum til you see the lease.  If the apartment is rent stabilized, the lease must state this in its title.  One of the few ways that LL's can get a tenant out of a rent stabilized apartment is claim it for a relative of theirs.  The only problem is, the LL has to prove that this is true -- the relative must be in residence for three consecutive years.  If it's found out otherwise, then the LL can be hit with getting no further increases on the rest of the apartments in the building for a few years as penalty.  

: If you see from DHCR's report that the apartment falls under this category, that LL may have tossed a previous tenant by using the relative idea under false pretenses, report the LL to DHCR immediately.

: You don't need to deal with this shady LL or the real estate agent.  I would report that b*****d too.


: 
: : I was shown an apartment in Brooklyn today in a building that the broker said was rent stabilized. He said that the particular apartment was not stabilized, however, because it was "for the landlord's immediate family, so it's not rent stabilized." I didn't want to ask too many questions, as the apartment is fantastic and I want to get it, and I figure it's better to sign a lease first and deal with the legalities of rent stabilization afterwards. But I'm wondering what he could be talking about. Is it possible to have a non-stabilized apartment in a stabilized building, and if so, under what circumstances?


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