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Rent Registration is incorrect - what do I do as a tenant ?

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

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Rent Registration is incorrect - what do I do as a tenant ?

Postby Drifter666 » Fri Mar 08, 2019 9:09 pm

My rent stabilized apartment had not been registered by my landlord for over 2 years. This past July is was incorrectly updated (falsified ?) by my landlord. He did NOT send me a copy. I made a request via DCHR's website and had it mailed to me.

My leases have never mentioned preferential rent. I do not understand how my ‘Legal Regulated Rent’ could have more than doubled from 2016 to 2017. I was not aware of any changes, or improvements in my building and I received no notice or paperwork about any changes. I am very afraid that my landlord will use this registration to try to increase my rent beyond a few percentage points or try to force me out of my apartment. My lease does not mention any preferential rent. My lease and the incorrect rent registration documents confirm I AM rent stabilized/

I do not want to tell or confront the landlord and would prefer to file an action or complaint with DCHR but am unsure which form or forum to use.

I have also never received the required rent stabilized rider with my renewal leases.

Can anyone provide advice on how to proceed about the false rent registration and getting it corrected as well as DCHR investigating ?

Any input would be appreciated.
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Re: Rent Registration is incorrect - what do I do as a tenan

Postby TenantNet » Sat Mar 09, 2019 12:13 am

This has to do with registrations, not leases, correct? If the latter, the rules might be different. First see DHCR's registration rules - see Fact Sheet No. 1 page 2-3:
http://www.nyshcr.org/Rent/FactSheets/
http://www.nyshcr.org/Rent/FactSheets/orafac1.pdf

But also dig around as you will find other rules, such as:
http://www.nyshcr.org/Apps/RentReg/Rest ... dments.pdf

So ever year for RS units, by July 31, LLs must register with DHCR shoing the rents as they existed on April 1 of that year, also any changes in the lease, increases due to RGB, MCI, etc. They must also send you a copy.

Pay attention to the rule that no increases can be had during periods of no or false registration. Do your renewal leases also reflect this scam?

Of course many LLs fail to register hoping tenants won't notice.

Preferential rent must be indicated on your initial lease and all renewal leases (including a rider as applicable). See the DHCR Fact Sheet on Preferential Rents. If your initial lease did not have a Pref Rent rider, then you don't have it. The LL might be trying to illegally backdate a PR.

Or maybe the LL is just trying to pull a fast one.

You could go to either the courts or DHCR. DHCR is seen as LL friendly, but with the courts, it really depends on which judge you get, and would likely cost you a lot more, especially if you have a lawyer.

I would normally caution against using DHCR, but I have had two successive decisions in my favor regarding the LL playing games with leases. If you do choose to file a complaint with DHCR, I would at a minimum get a consultation with a tenant attorney. Show him/her all the documents and they can clarify the issues and explain what you might need to obtain before you file with DHCR.

Regarding the DHCR informational rider, well it is required by law, but to be honest, I've never seen a case turn on it not being provided.

For lease violations, go to https://rent.hcr.ny.gov/RentConnect/Ten ... onOverview
or file form RA-90 - http://www.nyshcr.org/Forms/Rent/ra90.pdf

For overcharges, go to https://rent.hcr.ny.gov/RentConnect/Ten ... geOverview
or file form RA-89 - http://www.nyshcr.org/Forms/Rent/ra89.pdf

Either of these overlap with registration issues; they deal with lease or overcharge. You can call DHCR at 718-739-6400 to see which one they recommend.
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