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

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Postby Skyrizi » Sat Apr 09, 2022 1:12 pm

Gghh
Last edited by Skyrizi on Wed Feb 28, 2024 10:22 am, edited 1 time in total.
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Re: Landlord didn't register my lease with DHRC...

Postby TenantNet » Sat Apr 09, 2022 2:10 pm

On the rent history, is this the complete thing? Can you send us the entire page and all pages via private mail? (redaction of your name is OK, but don't redact the rent.).

Please scan and send as a PDF, 300 dpi, either grayscale or full color (full color makes it easier to read).

Are there years prior to 2020 (apparently so)? We could look up the DOB, DOF and 421-a status, but we would need the address. If there is a 421, do you know which agency administers the building? Have you been able to obtain a copy of the regulatory agreement?

Does your lease indicate it is a RS unit? While not dispositive, it can help in context. Have you received a renewal lease offer to commence 7/1/22? What does that say? Did they attach the DHCR informational rider?

Did your original lease have a notice of preferential rent? What did that say? BTW, "preferential" rents only exist for RS units as they are a discount from the RS legal rent. While unregulated units may have landlord concessions, those also would need to be outlined in your lease.

You're asking a lot of questions, but have given us almost nothing to look at. You're also asking a lot of "what if" questions. Who knows what might or might not happen in the future, and those questions really cannot be answered. We understand there are a lot of things swirling around and too many factors to consider, but take your time and focus on one thing at a time. Beast to start with looking at the building status and tax abatement, then look at the apartment. For the moment put aside questions of rent.

For right now, you should poke around and collect evidence, but do so under the radar so the LL won't know.
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Re: Landlord didn't register my lease with DHRC...

Postby Skyrizi » Sat Apr 09, 2022 2:26 pm

Bbh
Last edited by Skyrizi on Wed Feb 28, 2024 10:25 am, edited 1 time in total.
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Re: Landlord didn't register my lease with DHRC...

Postby TenantNet » Sat Apr 09, 2022 2:56 pm

Anything like those documents, send only by private mail. Never post to a public forum. BTW, it's DHCR or just HCR, but not DHRC - many get that wrong.

When you say old building, then new development, what do you mean? Please explain as small details might make all the difference.

Agency means government agency, usually DHCR (state) or HPD (city). Some times regulatory agreements are posted on Acris (DOF), but not always. You might be able to FOIL the document. It might not have the smoking gun, but helps put everything in context.

If the unit is indeed RS, the their not renewing the lease generally means the rent cannot legally go up. If it's a real preferential rent, the new 2019 law says the LL cannot go back to the higher rent during the life of the tenancy, except for normal RGB or MCI increases). The preferential rent agreement has to be in the original lease and would have its own rider - being mentioned in the DHCR informational rider means nothing.
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Re: Landlord didn't register my lease with DHRC...

Postby Skyrizi » Sat Apr 09, 2022 3:27 pm

Thank you, I will message you.
Last edited by Skyrizi on Wed Feb 28, 2024 10:26 am, edited 1 time in total.
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Re: Landlord didn't register my lease with DHRC...

Postby TenantNet » Sat Apr 09, 2022 4:03 pm

This makes no sense. RS units are only in buildings with 6 or more units. In a few cases you might find buildings with 5 units, but started out with 6 and two were combined. But that scheme doesn't get you down to 2 units, so there's no way we can see how a two unit building would have appeared on the DHCR rent history.

Second, buildings with 3+ units are to be registered with HPD. But HPD is not the same thing as DHCR, and HPD has nothing to do with rent regulation. Building below 3 units can also be required to be registered with HPD, but only if the owner is not living there. HPD registration would not be indicated with DHCR or in DHCR's rent history.

Aside from all that, a demolished building (even if 6+ units) and its rent history essentially ends when it's demolished. The old history should not appear on a new history for the new building.

There are some cases where an old building goes through a gut-rehab (down to the bones), but that gets a J51 tax abatement, not a 421-a.

And in very few cases, if they demolish a building and leave the foundation or a certain percentage thereof, then they can put up a new building on top of that old foundation and call it a new building. That would happen only in large buildings. The best example of that is Columbus Circle where some of the concrete from the old Coliseum was left. I don't think any of those situations apply here. Maybe there's a connection, but I don't see it (yet).
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Re: Landlord didn't register my lease with DHRC...

Postby Skyrizi » Sat Apr 09, 2022 4:20 pm

Ghh
Last edited by Skyrizi on Wed Feb 28, 2024 10:26 am, edited 1 time in total.
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Re: Landlord didn't register my lease with DHRC...

Postby Skyrizi » Tue Apr 12, 2022 11:04 am

Hi! I was wondering if you were able to look at my message
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Re: Landlord didn't register my lease with DHRC...

Postby Skyrizi » Tue May 24, 2022 3:38 pm

Hi, just checking to see if you had time to look at my message. Thank you
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Re: Landlord didn't register my lease with DHRC...

Postby TenantNet » Wed May 25, 2022 12:56 pm

Again, my apologies. It's a very crazy time with the end of the legislative session in Albany. You and a few others, are on my list. I haven't forgotten.
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