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Rent Stabilized - Legal Rent of Zero??

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

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Rent Stabilized - Legal Rent of Zero??

Postby rickychadwick » Sat Feb 23, 2019 9:18 pm

Hi all,

I requested my rent history for a 3BR apartment in Bedstuy to see if the apartment was stabilized and turns out it is but not sure... Here's the background, hoping someone could make sense of it all?

Me and my roommates currently pay a combined $3,400 per month, and we moved in July 2017.

The apartment was permanently exempt in 1984 (filing date August 2003) - Owner Occupied and reasons for change: Improvement.

1985 - 1999 - Exempt Apartment

Then in 2000-2002 it says Vacant with a legal rent of 0.

2003 - Permanently Exempt - 1st rent

2004 - 2009 - A mix of Reg not found, vacant, and Temporarily exempt.

Then the weirdest thing in 2010, it says Rent Stabilized (filing date August 2014) with a legal rent of 0 - reasons for change - improvement

Then everything since then has been Reg not found.

So im confused as to what happened in 2010 that would make it rent stabilized with a legal rent of zero and if that means if it should be rent stabilized now? Thanks for anyone's help in deciphering this!
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Re: Rent Stabilized - Legal Rent of Zero??

Postby TenantNet » Sat Feb 23, 2019 10:07 pm

As I've said in previous posts, DHCR tends to blur the meanings of temporary and permanently exempt units. You can find definitions for both here: https://www1.nyc.gov/site/rentguideline ... terms.page.

Historically temp exempt usually meant situations where an apartment was used by a super. I remember times when owner occupancy was considered Perm Exempt. But the definitions seem to say that owner occupancy is temp exempt.

Perm exempt these days often means high rent or high income deregulation.

By definition, if permanently exempt, it doesn't go back to being regulated and doesn't waffle back and forth between perm exempt and regulated status.

This example shows how screwed up the DHCR registration system is. This was reported to DHCR by the landlord, not a determination by DHCR.

I doubt any court or DHCR would find - if challenged - that the rent is zero.

You could file and AD complaint (Administrative Determination) with DHCR asking them to set the status and the rent, or you could file for failure to offer a RS lease.

However, you should have all the facts at hand as to the actual rents charged going back as far as possible, especially as to when they first claimed deregulation. Understand that there is a four year statute of limitations on rent overcharge, but not on RS status.
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