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Desperately seeking advice

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Desperately seeking advice

Postby Flipflops506 » Sat Aug 19, 2017 9:37 am

My daughter just rented her first apartment in a rent stabilized building. A few red flags, she was shown a renovated apt as to what her apt would look like when finished. The landlord refused to put it in writing exactly what would be done and the lease signing was two weeks prior to move in date. Of course, she is dissapointed in the renovation which is very minimal and it doesn't resemble the renovated apt that was shown. I imagine she has no recourse there.
The real problem, she signed a rent stabilized lease which was supposed to have a rider attached but didnt. From research I see its supposed to show prior rent and all renovations as to how the current rent was calculated. Ive contacted the agent and he's giving the runaround basically a BS story. I Could be wrong but through research it seems this is required by law. Does she have any recourse? I feel she is being overcharged. The renovations were bare minimum, new stove and fridge. Shellac floors (no scraping) new small vanity reglazed tub and some tile work in bathroom.
My question,can she or does she have the right to demand this rider. I've already ordered a rent history. TIA
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Re: Desperately seeking advice

Postby TenantNet » Sat Aug 19, 2017 10:01 am

First, there are no rent stab buildings. They don't exist. There are individual rent stab apartments in buildings, often mixed with rent control and deregulated units, but no RS buildings.

First lesson in NY, if it's not in writing, it doesn't exist.

The so-called DHCR informational rider is required to be attached to all RS leases, new or renewal. but some LLs don't bother. You can see the rider at http://www.nyshcr.org/forms/rent/ralr1.pdf

I wouldn't hold my breath for the agent. You can file an overcharge complaint with DHCR and they are supposed to look at the amount of money spent on the renovation. If the LL can't prove the money it spent, it's possible that DHCR will rule in her favor.
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Re: Desperately seeking advice

Postby Flipflops506 » Sat Aug 19, 2017 10:30 am

I've seen the rider that's why I'm concerned. I'm sure the landlord can 'prove' renovations in some way. It's how do I disprove that's the question. That's why I wanted to see the rider where renovations are supposed to be itemized. Every 1 bedroom in that building seem to be renting for the same price. Curious how that can be. The lease states 'legal rent' not even sure what that means.
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Re: Desperately seeking advice

Postby Flipflops506 » Mon Aug 28, 2017 10:24 am

I'm asking this here as per the moderator. How long should it take to get a rent history from dhcr? I ordered this on 8/16 not received yet.
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Re: Desperately seeking advice

Postby TenantNet » Mon Aug 28, 2017 10:58 am

I got mine in about 2 weeks. Did you call or send an email? I would contact the DHCR FOIL office if it hasn't arrived.
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Re: Desperately seeking advice

Postby Flipflops506 » Mon Aug 28, 2017 8:13 pm

Thank you, if it doesn't come tomorrow I will call.
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Re: Desperately seeking advice

Postby Flipflops506 » Sun Sep 10, 2017 11:24 am

Received rent history and honestly can barely make heads of tails out of it. There was a jump of over $300 on a vacancy lease which was over 20 % in 2010. From prior tenant now the raise is about $100 over the 20% allowed. The question I have is the prior tenant broke a two year lease after 1 year. He's a missing person (another story). Can they still raise the rent 20% and is the hundred dollars worth haggling over? The stove and fridge were replaced, low end appliances and a few other things done which I don't know which are considered removations and which are just routine and required when a new tenant moves in ( like paint etc).
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Re: Desperately seeking advice

Postby 10ants » Tue Sep 12, 2017 7:10 pm

1) LL can take one vacancy bonus per year if the tenant leaves, but that's relatively recent; the rules have changed slightly in recent years.
2) Calculating vacancy bonus in 2010 is 20%- difference between 1/2 leases + longevity bonus (8+ years) + IAIs. In any event, a $300 raise in 2010 doesn't sound like overt fraud, so you'll have to have a colorable claim of fraud to challenge the four year lookback.
3) The most recent raise: they can raise it 20% or so after one year. You mentioned some renovations -- new appliances count; painting and repairs don't, unless the painting was due to a large-scale renovation.


You might get lucky, but if you lose (or even if you win), she'll have trouble getting a LL reference, so not really worth it unless she's there for the long haul.
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Re: Desperately seeking advice

Postby Flipflops506 » Wed Sep 13, 2017 6:57 pm

Hey thanks a lot for your response. She's not real happy there so I guess she'll ride it out for the next 11 months.
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