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Posted by callie on July 25, 2001 at 11:01:58:

In Reply to: Re: DHCR on preferential rents posted by New York Tenant on July 25, 2001 at 09:31:45:

I called the DHCR rent info hotline on this issue. Now, mind you, the people manning the phones frequently have no idea what they are talking about (and also, at times, provide good info). With that in mind, this is what I was told:

First and foremost, I was told that the landlord must base the rent increase on the actual rent, not the registered rent. I presume that if the DHCR was changing its position on this issue, the people manning the phones would have been informed.

Then I was told I should pay an increase based on the smaller amount "you're not doing anything wrong; he can't evict you." she said. I told her I was reluctant to do that, so she suggested that--if the landlord refuses to provide a proper lease--that I file an RA 90 lease complaint. If the landlord doesn't budge, she said, I can then sign the lease with the wrong amount, pay the higher amount, and file a complaint for a rent overcharge. She said I have four years to file a complaint for a rent overcharge.

Does any of the above make sense? I am sure that my situation is going to be commonplace in the months ahead, as "preferential" renewal leases come up for renewal.

Thanks again for all the good responses.

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: I called the DHCR rent info hotline on this issue. Now, mind you, the people manning the phones frequently have no idea what they are talking about (and also, at times, provide good info). With that in mind, this is what I was told:

: First and foremost, I was told that the landlord must base the rent increase on the actual rent, not the registered rent. I presume that if the DHCR was changing its position on this issue, the people manning the phones would have been informed.

: Then I was told I should pay an increase based on the smaller amount  "you're not doing anything wrong; he can't evict you." she said. I told her I was reluctant to do that, so she suggested that--if the landlord refuses to provide a proper lease--that I file an RA 90 lease complaint. If the landlord doesn't budge, she said, I can then sign the lease with the wrong amount, pay the higher amount, and file a complaint for a rent overcharge. She said I have four years to file a complaint for a rent overcharge.

: Does any of the above make sense? I am sure that my situation is going to be commonplace in the months ahead, as "preferential" renewal leases come up for renewal.

: Thanks again for all the good responses.


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