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Posted by MikeW on July 17, 2001 at 12:14:50:

In Reply to: Vacancy Decontrol Issue posted by Gregg on July 16, 2001 at 20:39:30:

This is standard practice now, especially in Manhattan. If they can show they spent enough money to MCI the apartments over $2K a month, they can remove those apartments from regulation. The new tenants can challenge the fact that those renovation took place, or cost what was claimed, but the can very well lose, and the challenge would be very expensive.

A few years ago, I gave up a $900 stabilized studio. It morphed into a $2800 duplex 3 bedroom, and is permanently deregulated. I was friendly with the super, and he showed me the apartment after the construction. You can tell the spent the $$,$$$, so really couldn't be challenged.

: I'd like some help on advising Tenants in our building about what the Landlord has been doing. We are a rent-regualated building, with about 100 apartments. The LL held vacant several apartments in the building, for several months. Then, he did some "renovations" and has begun renting them for $2000 or more, WITHOUT a rent-stabilized lease! Basically, the LL is decontrolling the apartments, acting unilaterally! These were all rent-stabilized apartments, initially.

: We've recommended that the Tenants get an Aparment Detail from the DHCR, and check to see if the previous tenant's rent was less that $2000 ( We know of NO apt. in the building that has ever rented at $2000; Most of the rents are between $800 - $1400). Then, they could file a rent-overcharge complaint. Should they also file a Complaint for not receiving a Rent Registration Statement? Or is this covered in the filing of the Rent-Overcharge Complaint? Are there any time-limits that we should be aware of, other than the obvious "4-year rule"? Thanks for your suggestions & help!

Follow Ups:

• Legal, IF LL spent that much chelsea 07/17/01 (3)
  • Easy to fake, hard to prove that it's been faked... MikeW 07/18/01 (1)
    • Re: Easy to fake, hard to prove that it's been faked... nyhawk 07/18/01 (0)
  • Re: Legal, IF LL spent that much SamE 07/18/01 (0)

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: This is standard practice now, especially in Manhattan.  If they can show they spent enough money to MCI the apartments over $2K a month, they can remove those apartments from regulation.  The new tenants can challenge the fact that those renovation took place, or cost what was claimed, but the can very well lose, and the challenge would be very expensive.

: A few years ago, I gave up a $900 stabilized studio.  It morphed into a $2800 duplex 3 bedroom, and is permanently deregulated.  I was friendly with the super, and he showed me the apartment after the construction.  You can tell the spent the $$,$$$, so really couldn't be challenged.

: : I'd like some help on advising Tenants in our building about what the Landlord has been doing. We are a rent-regualated building, with about 100 apartments. The LL held vacant several apartments in the building, for several months.  Then, he did some "renovations" and has begun renting them for $2000 or more, WITHOUT a rent-stabilized lease! Basically, the LL is decontrolling the apartments, acting unilaterally! These were all rent-stabilized apartments, initially.   

: : We've recommended that the Tenants get an Aparment Detail from the DHCR, and check to see if the previous tenant's rent was less that $2000 ( We know of NO apt. in the building that has ever rented at $2000;  Most of the rents are between $800 - $1400). Then, they could file a rent-overcharge complaint.  Should they also file a Complaint for not receiving a Rent Registration Statement? Or is this covered in the filing of the Rent-Overcharge Complaint? Are there any time-limits that we should be aware of, other than the obvious "4-year rule"? Thanks for your suggestions & help!


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