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HPD Registration Issue and Renewals

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

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HPD Registration Issue and Renewals

Postby tennant777 » Tue Feb 07, 2017 12:45 pm

Something odd is going on in my Rent Stabilized building where the LL never renewed the HPD registration last year. This shows up on the hpdonline website in the record for the building. There is also a class 1 violation on the NYC buildings site which is still open.

I also have not received a renewal form for the lease which is up on March 15th. I should have gotten it by now. I am wondering if the registration issue and the renewal form are connected. LL would probably lie if I asked him. Where does the renewal start from and where is it sent back to? The DHCR? I'd imagine the LL is ultimately responsible for sending out. Can't understand why he didn't re register the building unless he's trying to sell it maybe?!

If the LL does not comply with the registration what rights do we have as tenants if they try to kick everyone out with some trick?

I've made multiple calls to the HPD and DHCR but cannot reach any humans. 311 referred me to DHCR.

Thanks for any info. This board is incredibly valuable.
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Re: HPD Registration Issue and Renewals

Postby TenantNet » Tue Feb 07, 2017 2:25 pm

In some cases situations like this can be a benefit for tenants, for example the LL cannot maintain a proceeding in Housing Court without a HPD registration. (he can try but you can get it dismissed). However he can go to Supreme Court, but that's much more of a hassle for him.

Without a DHCR registration, the rent can't go up with RGB increases. This year it might not matter with a zero percent increase for one year, but in other years it might matter. If and when they send it to you, make sure it's on the official RTP-8 form and you follow the schedule on the back of the form. He must give you 90 days from when yoiu receive the offer. It's the LL that must send you the renewal offer.

And make sure you get a DHCR registration by July 31 (for the period ending April 30).

You don't say what the DOB violation is for, I would keep a close eye on things if they are planning to sell the building, or it they plan on making major changes.

Unless there are reasons to do something, I would be quiet and not say anything.
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Re: HPD Registration Issue and Renewals

Postby tennant777 » Tue Feb 07, 2017 4:46 pm

Thanks for the reply. That makes sense.
I managed to get through to DHCR by phone in the afternoon and they confirmed that the building was stabilized and said to file a complaint if I don't get a renewal. The LL is pretty sketchy and I don't know what he's up to. It makes no sense why he didn't register the building. DHCR said it shouldn't effect stabilization. What's slightly confusing is that RTP-8 form doesn't say DHCR on the front.

The DOB violation is for $1010 and hasn't been paid either. It reads:

FAILURE TO MAINTAIN BUILDING WALLS OR APPURTENANCES. NOTED: AT TIME OF INSPECTION, OBSERVED AT EXP1 AND 2 EXTENSIVE SPALLING THROUGHOUT BOTH EXPOSURES. WINDOW SILL AT 4TH FLR OF EXP#1 HAS A MISSING SECTION.

A Certificate of Correction must be submitted to the Administrative Enforcement Unit (AEU) for all violations. A violation that is not dismissed by ECB will continue to remain ACTIVE or "open" on DOB records until acceptable proof is submitted to the AEU, even if you have paid the penalty imposed by ECB.
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Re: HPD Registration Issue and Renewals

Postby TenantNet » Tue Feb 07, 2017 6:42 pm

You should get a rent history from DHCR.

If the LL does not give you a renewal, your rent doesn't go up. So unless you absolutely must have a renewal I would not make the complaint. You are still protected by all RS rules.

The RTP-8 form must be like this:
http://www.nyshcr.org/forms/rent/rtp8.pdf
See lower left for the designation. Read and follow the instructions on the back exactly as written. The LL might play games on that, but do not let him.

But again, the longer you don't have the renewal offer, in most cases, the better. (there are some exceptions, but in general why invite a rent increase?)

Looks like there are problems with the outside facade or windowsills.

Examine the building yourself to see how severe the problem is and if you think it might affect structural safety. Small cracks are not likely dangerous, but better have DOB or an architect look at it. Get good photos.
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Re: HPD Registration Issue and Renewals

Postby tennant777 » Fri Feb 10, 2017 1:05 pm

Thanks. I actually went through the process of a rent overcharge years ago when I moved in and got the rent history. It probably saved me 50k at this point after it was adjusted and the apartment was registered and reduced for stabilization. The old management tried to get away with not registering but I caught them.

So if there is no renewal, the old lease still stands in court?
If the LL doesn't file it's not my problem right?
Couldn't they just lie and say they sent it but I didn't sign and return.
That's what I mean by tricky. LOL.

Thanks.
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Re: HPD Registration Issue and Renewals

Postby TenantNet » Fri Feb 10, 2017 1:18 pm

Of course LL can lie, but they need to prove it by showing certified mail receipt. You then need to show you signed and returned a lease offer back to the LL if that is an issue. That's why you always make copies of everything including envelopes with postmarks, and keep the originals. On lease renewals always use certified mail RRR.

The lease may expire, but you are still rent stab. The LL needs to offer/execute a lease to obtain RGB rent increases. Of course, if offered, then tenant needs to accept lease renewal.
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Re: HPD Registration Issue and Renewals

Postby shellsnyc » Sat Apr 07, 2018 1:02 pm

Hi Everyone

I am sorry for my lack of knowledge, I am having some issues with our landlord and there are quite a few "sticky" things with our building.
I was wondering if someone could explain to me what this violation means?
Background, I am trying to see what my landlord has been up to, as me and my fellow tenants are having some issues with him "not fulfilling his obligation as a landlord."
Anyways, specifically I am wondering what this violation means?

"The Department of Housing Preservation and Development Inspected the Following Conditions. Violations were issued:
REG REQUIRED ENTIRE BUILDING"

Sorry again for my lack of knowledge but what does this mean? I somehow thought that The Department of Housing Preservation and Development was for rent regulated/rent stabilized buildings? We aren't rent stabilized so why would our building need to be registered with them? Or this agency just for all buildings and thus requires a registration.
Again sorry for being so dumb and not understanding, am just really trying to figure out what our building is and what our landlord is up to since he is essentially trying to get everyone out. Any insight would be appreciated, and perhaps this is just nothing, thanks again.
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Re: HPD Registration Issue and Renewals

Postby TenantNet » Sat Apr 07, 2018 3:11 pm

Shellnyc, you should start your own thread, not pick-up on someone else's previous thread that is over a year old (unless it's the same topic). Please read the Forum rules. Most are common sense.
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