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Posted by Janet on March 10, 1999 at 02:08:23:

In Reply to: LL sez apt "not governed by ANY regs." True? posted by Chris on March 09, 1999 at 23:24:56:

I signed a similar lease and it turned out the LL was just trying to get away with treating it as exempt from rent regulation.

It's probably stabilized unless the rent was over $2000 when you moved in. Yes, call DHCR and check their records. If it is stabilized, and you were overcharged, either file an overcharge complaint with DHCR (a long frustrating process) or hire a lawyer and take it to Housing Court.

In the meantime, you should probably go ahead and sign the lease. If it's rent-stablized according to the DHCR records, it's rent-stablized and it doesn't matter what the LL puts in the lease. You may be able to recover treble damages for any overcharge. If there was no overcharge, just failure to register, you may not receive any payment but at least the apartment will be stabilized in the future and the landlord will have to renew your lease. As long as there IS rent regulation, that is. Even if it weren't stabilized it's still subject to SOME regulation, such as health and safety laws.

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• Re: LL sez apt "not governed by ANY regs." True? Flower Girl 3/10/99 (0)

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Comments:
: I signed a similar lease and it turned out the LL was just trying to get away with treating it as exempt from rent regulation.

: It's probably stabilized unless the rent was over $2000 when you moved in. Yes, call DHCR and check their records.  If it is stabilized, and you were overcharged, either file an overcharge complaint with DHCR (a long frustrating process) or hire a lawyer and take it to Housing Court.

: In the meantime, you should probably go ahead and sign the lease.  If it's rent-stablized according to the DHCR records, it's rent-stablized and it doesn't matter what the LL puts in the lease.  You may be able to recover treble damages for any overcharge.  If there was no overcharge, just failure to register, you may not receive any payment but at least the apartment will be stabilized in the future and the landlord will have to renew your lease.  As long as there IS rent regulation, that is.  Even if it weren't stabilized it's still subject to SOME regulation, such as health and safety laws.


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