Help with stabilization history: “owner or employee occupied

[manimalman]

Hello, I am attempting to determine if my apartment should actually be rent stabilized, and am having trouble interpreting the HCR rent history. My rent is currently less than $2200 and was deregulate in 2013, when I believe the threshold was 2500. For this reason I am skeptical that this unit was ever above the threshold required for deregulation.

However, the actual rent is not shown in the history, because it was “owner or employee occupied”. Is there anyone who is familiar with stabilization law that could help me understand how a employee/owner occupied unit could be deregulated at a rent that was most likely below the threshold? I am including the history here.

https://imgur.com/a/pDtXzr3

[TenantNet]

Sorry for the delay in responding - trying to catch up on a number of posts. We did reply to another post recently discussing the difference between permanent and temporary exemption, and with links to DHCR fact sheets. This might have been it: viewtopic.php?f=3&t=14744

Over the years, DHCR has changed the application of owner and employee occupancy as to whether they are subject to temporary or permanent exemption.

Also see
http://tenant.net/phpbb3/viewtopic.php?f=15&t=13984
viewtopic.php?f=3&t=13583
viewtopic.php?f=3&t=10619

Here's one, although it might not be completely on point (and it's also a landlord web site)
https://www.landlordvtenant.com/article ... stabilized

Here's another one, but the employee in this case - I think - was an employee of the not-for-profit that actually rented the unit, not an employee of the landlord (like a superintendent)

https://www.landlordvtenant.com/article ... -exemption

Even so, this might be more on point as the decision considers the change to the Rent stab code in 2014. That may - or may not - apply to situations, like yours, that took place prior to 2014. I tend to think the new interpretation might not apply in your case. But who knows, I could be wrong.

You don't say when you moved in, but you imply it was 2013 when they claim it was deregulated. Do you know if the unit was previously occupied by an employee, or a member of the LLs family? That could inform the exempt issue, and potentially the deregulation.

The history you tried to include is on an external site that really doesn't work well, it's just a snippet of a page. If you're asking someone for an opinion on something like this, you should include the entire page, and perhaps the entire document in a PDF file at least 300 DPI so it's legible.

I think you need to find out what DHCR's policy is now. The DHCR website seems to have removed all of the Policy Statements, which is not good. Every so often they might take one or two down temporarily so they may be updated, but I don't know if that's what's happening here. And as to the policy, look at case law (Google it using a variety of words), and look at when the policy changed.

OK, did find this:
https://hcr.ny.gov/rental-housing-docum ... erm%3A1176