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

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Disable person needs help.

Postby secure » Wed Dec 20, 2017 5:52 pm

I hope this topic finds everyone well and thank you for being patient with reading my case.

In 2010, my wife and I are very fortunate to be selected for a 421A affordable apartment because of my condition(I am visually impaired). This is a brand new development and an 80/20 building... I believe the program is a LIHTC program and we got 20 years benefits period. We have been living here since then.

Recently, I heard that one of the tenants, who also moved in 2010 with the same status of ours, she sent a lawyer letter to the management and finally the management agreed to let her stay in her apt forever without any rent increased.

We heard the reason is that in 2012 and 2013, the management didn't include some riders(e.g.the 421-A, etc) in the packets for lease renewal. Because of these missing riders, they let her rent freezes to 2012 and she can stay in the same apartment until she passes away.

This incident happened in 2014. I am very grateful for being in this apartment...however, because of my unstable health conditions, I really need to secure my living place. I am hoping to seek some advice.

1. Does anyone know what laws the management had broken?

2. Can we possibly act the similar procedures as we checked these riders are also missing when we renew our lease in those years?
Last edited by secure on Fri Dec 22, 2017 1:07 pm, edited 2 times in total.
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Re: Visually impaired person needs help.

Postby TenantNet » Wed Dec 20, 2017 6:03 pm

I think what you're asking is somewhat speculation and rumor. Can you get an absolute confirmation about the other tenant? Most 421-a units are treated as rent stab (or pseudo rent stab). Lack of documents might incur a penalty, but I very much doubt it would be to guarantee a lease until you die. I also doubt you got a 15 year lease to begin with. You might have a lease, that needs to be renewed and/or recertified, with the 421-a benefits lasting for 15 years. But that's not a lease.
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Re: Visually impaired person needs help.

Postby secure » Wed Dec 20, 2017 7:56 pm

Thanks for clarifying. You are correct. It is a lease and need to be renewed and certified, with the 421-a benefit lasting 20 years. I have edited my topic again, thank you for pointing out.

We confirmed that the source is true as we heard this from one of the employees of the same management. In fact, She told us the management were surprised when they received the certified mail from the lawyer, and found out the previous mistakes. She also confirmed that we are in the same situation as she has checked the files, tentants of those years are all missing the riders(she is very kind and told us before she left the company.)
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Re: Visually impaired person needs help.

Postby TenantNet » Wed Dec 20, 2017 8:09 pm

Once you edited your initial post where you incorrectly said you had a 15 year lease, our response doesn't make sense. We restored the original question.

What you don't know is that 421(a) buildings are destroying NYC neighborhoods. You may get a benefit out of it, but the broader neighborhood will suffer from this program.

Hearing from a tenant, or employee, does not confirm he rumor. A printed court decision would. Most LLs will litigate something like this, so I remain dubious. Before you engage in seeking a solution along these lines, I would consult with a tenant attorney who knows about these things. It would help to get the details ... decisions, agreements, etc. ... on the other tenant's case.
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Re: Disable person needs help.

Postby secure » Tue Jan 09, 2018 12:49 pm

Apologize for the confusion I made as I am new to this site, and not quite familiar with the lease terms.

Thanks a lot for the advice and I will try to look for a tenant attorney as you suggested. Do you have any guidelines on how to hiring a good tenant attorney?
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