Hello,
I am hoping to get some feedback from this community. I currently live in a rent stabilized one bedroom and pay a preferential rent. My landlord is attempting to raise my rent $600 to the “legally regulated rent” of $2505 as indicated on the original lease and subsequent lease renewals. Based on rental history records requested from DHCR, I have reason to believe this landlord has fraudulently increased the legally regulated rent multiple times over multiple tenants, culminating with the present situation.
To summarize the rental history from DHCR
2005 – Tenant A, Legal Regulated Rent: $814.32
2006 – Tenant A, Legal Regulated Rent: $814.32
2007 – Tenant B, Legal Regulated Rent: $1112.00
2008 – Tenant B, Legal Regulated Rent: $1147.00
2009 – Tenant B, Legal Regulated Rent: $1198.61
2010 – Tenant C, Legal Regulated Rent: $1390.00
2011 – Tenant C, Legal Regulated Rent: $1432.42
2012 – Tenant D, Legal Regulated Rent: $2026.80; Pref. Rent: $1695.00
2013 – *Reg not found for subject premises*
2014 – Tenant D, Legal Regulated Rent: $2067.33; Pref. Rent: $1793.33
2015 – Tenant E (me), Legal Regulated Rent: $2480.80; Pref. Rent: $1895.00
2016 – Tenant E (me), Legal Regulated Rent: $2505.60; Pref. Rent: $1915.00
2017 (current proposed lease) – Tenant E (me), Legal Regulated Rent: $2505.60; Pref. Rent: not offered
I have all supporting documentation including copies of leases, and cancelled rent checks. I have read about different approaches to rent overcharge scenarios such as filing a complaint with the DHCR, withholding rent until the landlord files a claim in housing court, then counterclaiming the rent overcharge, or simply just negotiating something directly with the landlord.
I’m considering retaining a tenant and landlord lawyer, but have little experience in doing this and am a little nervous. I welcome any advice or follow up questions.
Many thanks.