TenantNet Forum

Where tenants can seek help and help others



Rent Reduction Order Wording Question?

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

Moderator: TenantNet

Rent Reduction Order Wording Question?

Postby CaseLawSays » Thu Jan 04, 2018 1:43 am

I live in a rent stabilized apartment. One and a half years ago I got a rent reduction order from DHCR which states:

DETERMINATION: The legal regulated rent is reduced to the level in effect prior to the most recent guidelines increase for the tenant's lease which commenced before the effective date of this order.

EFFECTIVE DATE: 8/01/2015

My previous leases were 8/01/2011 - 7/31/2013
8/01/2013 - 7/31/2015

As I understood the wording above, this would mean that my rent has to be what it was on 8/01/2011, yet the landlord says it should be what it was on 8/01/2013.

I think I'm right as if you were to read the determination starting with the word BEFORE, it becomes clear that we have to first look at the lease that commenced on 8/01/2013, as that is the lease that commenced before the effective date of the order.

BUT, we now have to pay attention to the wording starting with the word PRIOR, and immediately realize that we have to go to the lease that commenced on 8/01/2011.

So who is right? I'm certain i am. But would like a consensus on this. Spoke with 3 attorneys, and all initially said that it should be what it was on 8/01/2013, but upon me slowly explaining it to them realized that it should be 8/01/2011.

What will the judge decide if we go to trial on this issue?
CaseLawSays
 
Posts: 1
Joined: Thu Jan 04, 2018 1:21 am

Re: Rent Reduction Order Wording Question?

Postby TenantNet » Thu Jan 04, 2018 2:18 am

Please see the private mail we're sending to you.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 8536
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: Google [Bot] and 2 guests