How do I know if my apt is still stabilized

[SaraCh]

I got my rent history and my apt has not been registered since the 90s. I have lived in my apt for more than 5 years now. I was told it was market rate and not rent stabilized when I moved in. Can I go back more than 4 years to determine the legal rent if I file an administrative determination with the DHCR?

[TenantNet]

If possible it will help to find out when and how it was destabilized, or at least what the LL will claim as the destabilization scenario. There are a number of ways a unit can be destabilized. Building a history - in addition to the information from DHCR - will help. One way is to contact any prior tenant(s) and see if and when it was still stabilized. The best way is to speak to neighbors who might know prior tenants.Some prior tenants might not want to talk, but others might.

The informational rider that should be attached to RS leases is supposed to have the name of the prior tenant, what they were paying and how any rent increases were calculated. But as the LL gave you a non-RS lease, you don't get that.

Up to a point you don't want the LL to know you're sniffing around. So keep things quiet and under the radar to the extent possible.

The 4-year limit can be extended if a tenant can make a showing of fraud by the LL (see the GRIMM case). That's a matter of great debate in the LL/T legal community. I would not be deterred by that, for now.

Also understand that the 4-year rule only applies to overcharges. It does not apply to RS status. So it will probably be useful to apply no matter what. DHCR could decide the unit was still stabilized, but that you don't get any overcharges, or the rent would stay the same as now. But if RS, then future rents would be limited by the RGB, and you would have the right to services and the right of renewal.

A LL could claim it was destabilized due to high income, or high rent. There are other methods for destabilization, i.e., temporary and permanent exemptions depending on who occupied the unit. For example, owner occupancy, or superintendent occupancy can complicate things. Also if the building receives/received J-51 or 421-a tax benefits, that can get complicated. I would check with HPD and DHCR to see if that was part of the history.

Has anyone else in the building challenged destabilization? If so, you might get an idea how the LL would defend it. So now you need to do the homework and research.