Where tenants can seek help and help others
by TenantNet » Wed Jan 04, 2017 6:28 am
by TenantNet » Wed Jan 04, 2017 6:32 am
'Housing Accommodations' shall not include: any housing accommodation which becomes vacant on or after April first, nineteen hundred ninety-seven and before the effective date of rent act of 2001 and where at the time the tenant vacated such housing accommodation the legal regulated rent was two thousand dollars or more per month; or for any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, with a legal regulated rent of $2,000 or more per month (material added by L 2011, ch 97, pt B, §12 emphasized).
The motion court erred in dismissing plaintiff's complaint, and declaring that the apartment is not subject to the rent stabilization law. Although defendant was entitled to a vacancy increase of 20 percent following the departure of the tenant of record, the increase could not effectuate a deregulation of the apartment since the rent at the time of the tenant's vacatur did not exceed $2,000 (internal citations omitted).
The plaintiff rests her argument on the holding of the Appellate Division in the matter ofAltman v. 245 W. Fourth, LLC, now three months old, which holds that the rent for the outgoing tenant must have reached $2,000.00, before the apartment can be deregulated. * * *
However, the Altman decision…is in inherent conflict with the Appellate Division's own decision in Roberts v. Tishman Speyer Properties, which, in pertinent part reads: 'The high rental luxury decontrol provisions of the RRRA, as amended in 1997, now exclude housing accommodations …when…the tenant vacates the apartment and the legal rent, plus vacancy increase allowances and increases permitted for landlord improvements, is $2,000 or more' (internal citations omitted).
Also repealed is a provision recently added by the N.Y. City Council that only allows consideration of the apartment's rent level at the time of the vacancy. The City Council's amendment had the effect of preventing rent increases that ordinarily take place after a vacancy—such as vacancy allowances and increases attributable to apartment improvements—from being considered in determining whether the $2,000 threshold was reached.
by TenantNet » Wed Jan 04, 2017 1:47 pm
by TenantNet » Thu Jan 05, 2017 1:05 pm
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