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How Can i stop a unit from being dereglulated

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

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How Can i stop a unit from being dereglulated

Postby Cylon452 » Sun Jun 26, 2022 11:04 pm

Hello all

I live in a building in downtown Brooklyn that has 3 RS Units. 5 Free market units. One of the RS tenants is moving out. How do i make sure this unit remains a RS unit.

The other 5 units are free market and the new building owners raised all there rents from 3,000 per month to 4,500 to 5,000 per month. All of the free market tenants are not from NYC and do not knows the rules governing free market rents. One tenant was told his rent was going up 1,400 and told him 2 weeks before his lease was up.

He contacted the state and was told he had 3 months not 2 weeks since the building owner pulled a fast one.

These are the people i have to deal with when it is my turn for rent renewal. I am RS tenant and on DRIE. I can only guess what they might try on me.

Since they purchased the building earlier this year I'm going to ask for a copy of my RTP-8 lease and DRIE approval letter to see the the old building owners gave it to them. I have this information i want to see if they have the same information on my Unit. My lease is up next year.

So in closing, Is there anything i can do to keep that Unit RS ?
Cylon452
 
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Joined: Fri Jan 20, 2012 12:11 pm

Re: How Can i stop a unit from being dereglulated

Postby TenantNet » Sun Jun 26, 2022 11:28 pm

In 2019, then new laws got rid of deregulation for high income or high rent. When did the LL deregulated the three units? If after Jun 2019, that would likely be illegal.

For RS tenants, you are required to have a lease renewal offer, period. Even if you left, the LL can't take it out of stabilization.

However if under a special program like 421-a, they probably can still do it.

For unregulated units, for rent increase or lease termination, tenants must be given advance notice depending on how long they have been in residency (yes, it might be 90 days). I would stay put and force the LL to start over again.

See the booklet by Judge Lebovits on this forum. Links are on the forum's home page. Get Part 1.

DRIE determines what you pay, not your RS status. The LL would not likely have the approval letter, but DRIE/SCRIE would. Ask them (do you have the contact info?) You can also check on the NYS DOF web site (not for the letter though)

Mike (Seunghoo) Yon <<< just ask for Mike
DRIE Ombudsman
YonS@finance.nyc.gov (this one works)
DRIE-Ombuds@finance.nyc.gov (this might still work)
212-748-4787

The RTP-8 is the lease renewal that must be sent to RS tenants between 90 and 150 days prior to your RS lease ending.

Why would you ask the LL for one - that makes no sense? You should have all of your last ones. ALWAYS ALWAYS ALWAYS ALWAYS make copies of any paper regarding your lease and keep it in a secure location.

Actually it doesn't matter right now if they have it or not (they are not required to give you old documents). What matters if you have it. Do you get the yearly DHCR registrations? Have you gotten your lease history? Those are important.
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Re: How Can i stop a unit from being dereglulated

Postby Cylon452 » Mon Jun 27, 2022 3:05 am

I have a copy of all of my RS leases dating back 15 years. I even have copies of my DRIE approval letters going back about 6 years when the cap was raised to 50,000. I just wanted to see if my LL has a copy of my last lease. after reading your reply i won't ask since i have all the leases.

This apartment unit rent history goes back to 1980 as a rent stabilized
Unit. This building was built in 1910. It has 8 units. 3 RS and 5 free market rate units.
If i understand 421a and J51, this does not apply to this building and/or RS unit(s).
421a and J51 is not even mentioned in the RTP-8 leases i have.

No units have been deregulated. One RS is moving out. His/Her current rent is around 1,400.
So when they move out what happens June 28 ? What happens ? From what i understand the next new tenant would pay 1,400 not 4,000.
If the LL fails to mention to the next new tenant that unit on the 4th floor is RS what happens ?

Why do people make Laws this complicated ?
Below is the 421a, J51 and Rent Stabilized list with the links.



My building address is NOT under 421a list.

https://www1.nyc.gov/assets/finance/dow ... ooklyn.pdf

J51 my building is NOT on this list either:
https://www1.nyc.gov/assets/finance/dow ... ooklyn.pdf

My building IS under this list -- Brooklyn Rent Stabilized Building List
https://rentguidelinesboard.cityofnewyo ... ooklyn.pdf

Which reminds me i better download these PDF files.
From what i gather here if your building address is Not on the 421a and J51 list and your On the Rent Stabilized building list you are protected and must receive a rent renewal lease (RTP-8)

If i am incorrect please let me know. I don't want to become homeless due to Greed and i do NOT want others to be homeless.
These 3 list i believe will help others. Search for your address using any means you have. I used Firefox. Zip code 11217 is a hot bed. massive insane gentrification.
Please advise.
Thank you.
Cylon452
 
Posts: 92
Joined: Fri Jan 20, 2012 12:11 pm

Re: How Can i stop a unit from being dereglulated

Postby TenantNet » Mon Jun 27, 2022 3:58 am

If built in 1910, then it's likely not a 421-a issue.

J51 is a different animal for varying types of improvements. There are some instances where gut rehabs may result in deregulation, but that would mean it's essentially a new building. They rebuild everything - floors, walls, etc. Might that have happened in your building?

In other, more typical cases. tenants in place before a renovation, would remain as RS.
See here: https://www1.nyc.gov/site/finance/benef ... s-j51.page

See here for the seminal case on J51 and rent stab Roberts v. Tishman Speyer:
https://www.rozenlawgroup.com/j-51-rent-stabilization

You say "No units have been deregulated," but then you say 5 units are free market. You also say the rent history goes back to 1980. What happened before that. If no units have been deregulated pursuant to high rent or high income decontrol (1993 to 2019), did something happen prior to 1980? You should be able to find more information about your building at http://zola.planning.nyc.gov. (look at the DOF ACRIS and HPD links).

We can't address your question if we have only half the information. I think you're only giving us part of the history. DHCR rent histories only go back to 1984, yet you seem to have something from 1980, 4 years before that. Have you looked at the I-cards (an old form of registration, which would be on the HPD web site)? Do you have documents from old RC tenants? Anything else? When and why did the other 5 units become unregulated? That is important.

As for the list of RS "buildings," that's a misstatement. There are NO RS buildings anywhere. There are buildings that contain RS units. And the same building can contain RC and unregulated units as well. Would you call it an unregulated building?

No list is used as the legal determination of RS status; it comes from an examination of the history, and only DHCR or the courts can make that decision. Not you, not the LL, and not us.

I doubt you are going to be homeless, so don't get worked up over this. Do a methodical, accurate and complete history. Use facts, not your own fear.
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Re: How Can i stop a unit from being dereglulated

Postby Cylon452 » Mon Jun 27, 2022 5:25 am

thank you, i didn't know about this websites:
http://zola.planning.nyc.gov.

I am going to try and give more information.

No major or minor upgrades have been done to this build except lowering the ceiling from, 14 feet to 8 feet 6 inches using sheet rock. No Walls, Floors in any RS unit. This was about 30 years ago. ONLY apartment 4F was not done. It has the Original high Plaster ceiling. It looks like a 1920 apartment I'm not kidding. No MCIs or IAIs in any RS units.

Deregulation and rent History.
Apt 4R Deregulated. this was a Preferential Rent. LL changed it to legal regulated
rent during the Bloomberg/Quinn years. Tenant could afford new rent. LL was
able to raise rent due to the 20 percent increase if a tenant leaves and LL fixed it up.
Claims to put in X amount of money to have it removed from RS status. went from
1100 per month to over 2400. 2,500 today can remove it from RS status and tenant
makes a high 6 figure salary. 4R is now Free market - Today 4,400 per month.

Apt 4F is RS. Tenant is leaving June 28th. He/she rent is around 1200. I wonder how
the LL is going to try to skirt the 2019 laws

Apt 3R is RS. Tenants want to to stay and plan on renewing there lease. They been
there for 30 years and have all their leases.

Apt 3F is RS. Tenants want to to stay and plan on renewing there lease.

Apt 2R Deregulated same story as Apt 4R. Today 4,400 per month.

Apt 2F Deregulated Tenants took buy out. 30k. Rent increase to the 20 percent
if tenant leaves and LL fixed it up. LL Claims to put in X amount of money to have
it removed from RS status. went from 1200 per month to over 2500 during the
Bloomberg days. 4,200 today

Apt 1R Deregulated Tenants took buy out before i came to my apt. As faith would
have it i met her at Merrill Lynch. I was MIS/IT. We got to talking as i was fixing her
PC. I told her i live in Brooklyn she said she did too. I told my address and she
laughed and said she had apartment 1R. Tenant from 3R verified this over coffee a
day later. She come to the Atlantic Antic every year. She was here for 35 years.
Rent was 900 when she left. Today 5,000 it has a back yard
later.

Apt 1F Deregulated Same story as 4R. Today 3,000 per month. Its a smaller
apartment because of the entrance of the building and hallway.

Also LL had history of changing apartment numbers from 1A,1B to 1F,1R etc.
I want to DHCR around the year of 2000. I had to tell HCR ( aka DHCR ) to check 3F and 6-7 the history came up. Sneaky. I told HCR the building was built in 1910 and try 3A. My gut told me to tell them check 3A. Whammo - there it was going way back. I'm going back to HCR soon to see what i get.

I hope this information has the information your looking for. If not i have to contact apt 3R. he's away on vacation.

I have to stop now - it is 5am in the morning. Have a nice day Tenant and all the RS Tenants that read this.
Cylon452
 
Posts: 92
Joined: Fri Jan 20, 2012 12:11 pm

Re: How Can i stop a unit from being dereglulated

Postby TenantNet » Mon Jun 27, 2022 5:59 am

I'll read this later. If you don't mind, please let us know the address of the building and the LLs name and/or company name (both if you have it). No personal info on the public part of the forum - use Private Mail "PM" instead, but for general conversation, use public area.

I don't need to know the complete history of every unit (despite what I said above). I'm looking for anything that happened in the building prior to 1984, or even after, that might be a reason for some units not being regulated. Otherwise, please keep things short.

The further back you go, the more you will find, and some things might be useful. We discovered a service that the LL had eliminated in the 1970's. Doesn't matter, for RS tenants if provided on or after the 1974 base date, it's still required unless LL applied to DHCR for a lawful elimination. (of course DHCR is horrible and may come up with excuses to let LL off the hook).

You mentioned an address (we removed it thinking it might have been your place of residence). But on looking at Zola, it appears to be a 1915 office building owned by the NYS Office of General Services. If so, then chances are that's not your place of residence.
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Re: How Can i stop a unit from being dereglulated

Postby Cylon452 » Mon Jun 27, 2022 6:23 am

I'll send you a PM. The address is where DHCR is. 55 Hanson Place. I dont live there. That is DHCR location
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