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Notice required to first deregulated tenant: law & form

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Notice required to first deregulated tenant: law & form

Postby Anna » Sun Jun 25, 2006 5:41 pm

The owner of the building where you have commenced, or are about to commence, occupancy is required to provide this notice to the first tenant of a previously rent regulated apartment. This apartment is not subject to rent regulation pursuant to any City, State or Federal law.

NOTICE TO FIRST TENANT OF
APARTMENT DEREGULATED AFTER VACANCY
DUE TO A RENT OF $2,000 OR MORE

The regulated rent for this apartment prior to vacancy $__________

The rent after vacancy was adjusted as follows:
(1) Regulated Rent Prior to Vacancy $ __________
(2) Vacancy Increases (vacancy allowance +
long-term vacancy bonus, if any) $ __________
(3) Individual Apartment Improvement (1/40) Increases $ __________
(4) MCI or other lawful increases $ __________
(5) Total of items (1), (2), (3) and (4) $ __________*
*This amount may differ from the rental amount set forth in your lease.

The owner is also required to inform you that you may verify the prior regulated rent by contacting the New York State Division of Housing and Community Renewal, Office of Rent Administration, Gertz Plaza, 92-31 Union Hall Street, Jamaica, New York 11433. The phone number for DHCR is (718) 739-6400.
Please note: If you verify the prior rent, the regulated rent for the apartment immediately prior to vacancy may have been higher than the rent set forth in the last registration statement on file with DHCR due to legally authorized increases in rent effective subsequent to the filing of that rent registration.

Premises: _________________________________________________________
Name of Tenant (Print): _____________________________________________
Name of Owner/Agent (Print): _______________________________________
Owner/Agent Address:_____________________________________________
Signature of Owner/Agent: __________________________________________
Date: ________________________________



CERTIFIED NOTICE TO FIRST TENANT OF
APARTMENT DEREGULATED AFTER VACANCY
DUE TO A RENT OF $2,000 OR MORE

The owner of the building in which you reside is required to provide this notice
to the first deregulated tenant of a previously rent regulated apartment. This
apartment is not subject to rent regulation pursuant to any City, State or
Federal law.

As part of this notice, the owner is required to provide a copy of the rent
registration statement for this apartment filed with the New York State Division
of Housing and Community Renewal indicating that the apartment is exempt
from rent regulation. A copy certified by the owner is enclosed.



Copyright © 2000 by Rent Stabilization Association of N.Y.C., Inc.





RENT STABILIZATION LAW

§ 26-504.2 Exclusion of high rent accommodations. a. "Housing
accommodations" shall not include any housing accommodation which
becomes vacant on or after April first, nineteen hundred ninety-seven
and where at the time the tenant vacated such housing accommodation the
legal regulated rent was two thousand dollars or more per month, or any
housing accommodation which is or becomes vacant on or after the
effective date of the rent regulation reform act of 1997 with a legal
regulated rent of two thousand dollars or more per month. This exclusion
shall apply regardless of whether the next tenant in occupancy or any
subsequent tenant in occupancy actually is charged or pays less than two
thousand dollars a month. Provided however, that this exclusion shall
not apply to housing accommodations which became or become subject to
this law (a) by virtue of receiving tax benefits pursuant to section
four hundred twenty-one-a or four hundred eighty-nine of the real
property tax law, except as otherwise provided in subparagraph (i) of
paragraph (f) of subdivision two of section four hundred twenty-one-a of
the real property tax law, or (b) by virtue of article seven-C of the
multiple dwelling law. This section shall not apply, however, to or
become effective with respect to housing accommodations which the
commissioner determines or finds that the landlord or any person acting
on his or her behalf, with intent to cause the tenant to vacate, engaged
in any course of conduct (including, but not limited to, interruption or
discontinuance of required services) which interfered with or disturbed
or was intended to interfere with or disturb the comfort, repose, peace
or quiet of the tenant in his or her use or occupancy of the housing
accommodations and in connection with such course of conduct, any other
general enforcement provision of this law shall also apply.

b. The owner of any housing accommodation that is not subject to this
law pursuant to the provisions of subdivision a of this section or
subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
code shall give written notice certified by such owner to the first
tenant of that housing accommodation after such housing accommodation
becomes exempt from the provisions of this law or the city rent and
rehabilitation law. Such notice shall contain the last regulated rent,
the reason that such housing accommodation is not subject to this law or
the city rent and rehabilitation law, a calculation of how either the
rental amount charged when there is no lease or the rental amount
provided for in the lease has been derived so as to reach two thousand
dollars or more per month, a statement that the last legal regulated
rent or the maximum rent may be verified by the tenant by contacting the
state division of housing and community renewal, or any successor
thereto, and the address and telephone number of such agency, or any
successor thereto. Such notice shall be sent by certified mail within
thirty days after the tenancy commences or after the signing of the
lease by both parties, whichever occurs first or shall be delivered to
the tenant at the signing of the lease. In addition, the owner shall
send and certify to the tenant a copy of the registration statement for
such housing accommodation filed with the state division of housing and
community renewal indicating that such housing accommodation became
exempt from the provisions of this law or the city rent and
rehabilitation law, which form shall include the last regulated rent,
and shall be sent to the tenant within thirty days after the tenancy
commences or the filing of such registration, whichever occurs later.
Anna
 
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