Rent stabilization issue

[love_ny12]

Fortunately due to some circumstances I have been able to stay a while longer but time is running down.

Just bringing this back to the top as i'm unclear how a challenge to a 14 year old deregulation would go. I have no paperwork from the 2002 transition, only my doubt that the improvements were enough to warrant a 900->2000 increase. I have seen apartments in the same line without renovations and the changes are not significant.

[TenantNet]

The thread sort of got off-track. It's unclear as to the actual cause of the destabilization. First you said it was listed by DHCR as permanently exempt, then the issue of the rent (and the applicability of the Altman case) came up.

For perm exempt, see http://www.nycrgb.org/html/glossary_defs.html#p

That the list of situations that will result in permanent exempted units.

Also look at the definition of temporary exempt:
http://www.nycrgb.org/html/glossary_defs.html#tu

Temporarily Exempt Housing Accommodations: A temporarily exempt accommodation is one which is not presently occupied by a rent stabilized tenant, but may be covered by rent stabilization if the tenancy changes. For example, the accommodation:

Is occupied by the owner or members of the owner's immediate family.
Is occupied by an employee who is not paying rent.
Is rented solely for business or professional use.
Is in a hotel or SRO and houses a transient occupant.
Is occupied by a tenant not using the unit as his or her primary residence, as determined by a court of competent jurisdiction.
Is owned by a non-profit institution and is occupied by a tenant who is affiliated with that institution, in a building which also contains non-affiliated tenants.

The owner is required to register these apartments on an annual basis.

I was always under the impression that owner occupancy made a unit permanent exempt, but these definitions say it's temporary.

In any case, does any of the documentation you have give an indication of why the unit became perm. exempt? In many situations, owners simply tell DHCR that it's Perm. exempt and the agency just buys it.

Note that if Temp. exempt, the LL must sill register the unit every year. If Perm. exempt, the owner must register one time after the claimed exemption and explain why. Did DHCR give you information on the last registration?

More information may be gotten on this page (about 2/3 of the way down)
http://www.nyshcr.org/Apps/rentreg/Annu ... ctions.htm

and also here:
http://www.nyshcr.org/Rent/PolicyStatements/orap897.pdf


So in order to fight this, I would say you need more information. And again, you should consult with a tenant attorney who has experience litigation this issue.

[TenantNet]

Just mentioned this thread to a tenant attorney and asked his opinion. On the DHCR rent history, the last registration (2002?) should indicate the reason why the unit was being listed a Permanently exempt (PE). That's the reason we need to know.

That reason can be:
a) bogus, i.e., not acceptable as a reason for PE.
b) was an acceptable reason, but that condition no longer exists.

For example, owner occupancy. If the owner moved in back in 2002, he might have claimed PE. Of course whether that is acceptable to DHCR is another issue. But if the owner lived there for a few years and moved out in 2005. Then the question is whether the unit becomes re-regulated, i.e., the same that would be if it's TE.

So the first question is the rent stabilized status. You might be able to attack the claimed unregulated status by virtue of a or b above. You can do that either in a DHCR proceeding or in court. Many swear never to go to DHCR as they are landlord-friendly. Some also say this of the courts. With DHCR you don't need a lawyer, but in a court proceeding it makes sense to have an attorney. And in court, you can bring the case (in Supreme Ct) or let the LL take you to court in a housing court holdover matter where your defense would be the RS status.

If you go to DHCR you would file a 'failure to offer a lease' complaint and argue that the unit should still be rent regulated.

One that is settled, then the question might arise as to the level of rent, and any overcharge.

In either case I would consult with a tenant attorney.