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Questionable high rent vacancy and permanent exemption claim

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

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Questionable high rent vacancy and permanent exemption claim

Postby Newbieten » Mon Aug 05, 2013 1:24 am

I received a statement from the NY DHCR saying that the apartment I am now living in had been rent stabilized at the time the previous tenant signed a two year lease starting in May 2012 for a rent of $1655 per month. However, the previous tenant died a few months after signing the lease and I subsequently rented the apartment in Aug 2012 for $2300 per month.

I was not given a rent stabilization rider when I signed my lease. The lease I signed in Aug 2012 explicitly states it is for apartments that are not rent stabilized.

The DHCR statement filed by landlord on May 14, 2012 states the unit was rent stabilized. My lease started on Aug 24, 2012. The DHCR statement filed by landlord on May 16, 2013 states that the apartment is permanently exempt due to high rent vacancy.

The landlord now wants to raise the rent to $2500 when I renew my lease this month Aug 2013.

If no improvements had been made after the previous tenant died and apt became vacant, the max rent they should have originally charged me when I signed my first lease should have been about $1930 per month (%16.5% increase over previous tenant's rent).

Where do I find proof that the landlord made sufficient improvements that when added to the permitted 16.5% increase would have justified a permanent exemption for high rent vacancy ? I seriously doubt that the landlord made enough major capital improvements to the building and enhancements to the apartment to justify getting to the $2500 threshold for high rent vacancy permanent exemption. My household income is less than $100,000 per year.

Does the landlord need to file the receipts/documents justifying the claim of high rent vacancy - how do I get my hands on the documents showing the amount of increase is justified based on improvements and allowed increase after previous tenant died ? I think the landlord is exaggerating improvements to justify the high rent vacancy claim.
Newbieten
 
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