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Posted by SamE on July 20, 2001 at 21:50:37:

In Reply to: Re: Vacancy Decontrol Issue posted by Gregg on July 20, 2001 at 11:16:44:

: Just to clarify, this IS a rent - stabilized building, and these ARE rent-stabilized apartments. They were held vacant for several months by the LL, then were "renovated" and rented WITHOUT a rent-stabilized lease at what are FAR above the normal rents in the building (often more than DOUBLE the previous rent!. An additional Question for the Forum: What are the Penalties imposed upon Landlords that are caught illegally decontrolling apartments like this? Have they been increased under the 1997 Act? Again, thanks for the input, and I'll keep you all posted on what is going on.

Yeah, chelsea' right. and that's the problem with DHCR. They're supposed to enforce the RSL and the RSC and have had a computer since 1984 and could very easily write a little program to reject any rent registration that doesn't fit the normal parameters and demand a written explanation from the landlord. They could write a little program to send notices to both landlords and current occupants of apartments that suddenly are not registered. Then they might actually be doing what the law requires of them. Instead, they enforce the RSl and the RSC by waiting for a tenant to 'discover' that he was overcharged and to file a complaint.

NOTE: If memory serves, the NYC Council passed a law a couple of years ago requiring landlords to notify the first occupant of a previously regulated unit about this and to explain how it got deregulated. Anyone know or can find this law? NYC Council does have a website, but last time I accidently ran into it they had not updated their laws/bills section for months...

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: : Just to clarify, this IS a rent - stabilized building, and these ARE rent-stabilized apartments.  They were held vacant for several months by the LL, then were "renovated" and rented WITHOUT a rent-stabilized lease at what are FAR above the normal rents in the building (often more than DOUBLE the previous rent!.  An additional Question for the Forum:  What are the Penalties imposed upon Landlords that are caught illegally decontrolling apartments like this? Have they been increased under the 1997 Act?  Again, thanks for the input, and I'll keep you all posted on what is going on. 

: Yeah, chelsea' right.  and that's the problem with DHCR.  They're supposed to enforce the RSL and the RSC and have had a computer since 1984 and could very easily write a little program to reject any rent registration that doesn't fit the normal parameters and demand a written explanation from the landlord.  They could write a little program to send notices to both landlords and current occupants of apartments that suddenly are not registered.  Then they might actually be doing what the law requires of them.  Instead, they enforce the RSl and the RSC by waiting for a tenant to 'discover' that he was overcharged and to file a complaint.

: NOTE: If memory serves, the NYC Council passed a law a couple of years ago requiring landlords to notify the first occupant of a previously regulated unit about this and to explain how it got deregulated.  Anyone know or can find this law?  NYC Council does have a website, but last time I accidently ran into it they had not updated their laws/bills section for months...


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