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Didn't receive rider -- problem?

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

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Re: Didn't receive rider -- problem?

Postby TenantNet » Wed Jan 13, 2016 2:00 pm

Yes, there's a 4 year SOL. That is only for overcharges. There is no SOL for RS status. Figure out how much the overcharge might be before deciding.

Look at the RGB rules for vacancy leases to see how much they could have raised the rent for each vacancy or renewal going back. Look at the vacancy increase (usually 18-20%), the longevity increase and any IAI increases he might allege. Of course without registrations I would argue he's waived any right to come up with an explanation.

If he's screwing you, he would have done it to previous tenants. Look for patterns of fraud.
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Re: Didn't receive rider -- problem?

Postby bkguy77 » Wed Jan 20, 2016 10:45 pm

So I just received a renewal lease form from LL, and it has a date from several months prior -- I think he's trying to pretend he sent this to me awhile back.

The form indicates the correct 1-year and 2-year lease increases, however it includes "separate charges." I've done some reading about these, and it seems to me like they might be legitimate, but I'm wondering: if they're for something that was present when I moved in, and he didn't charge me for it separately before, can he now add the charge?

I'm wondering if I should just sign the renewal form, or if I should push back because of how late it is? It doesn't seem like he's trying to screw me with this, but the backdating kind of ticks me off.

As for whether I'm being overcharged or not, I crunched the numbers, including vacancy and longevity, and an MCI increase just after I moved in, and I still come up short. So I suppose that LL thinks the rest is accounted for with IAI increases? Should this show up on the rent history, and how? How would I go about disputing this?

I also doubt that previous tenant was overcharged, since they seemed to have small, regular increases every year...
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