Fishy Situation - Stabilized?

[hotsawce]

Just wanted to provide an update. I retained a tenant only attorney.

The first step is a letter to the landlord asserting the belief of the unit to be stabilized based on the available information and seeing what he comes back with to refute it (as he hasn't provided anything to show it should not be stabilized.)

We are FOIL requesting rent control cards (if any) and cases etc for the building. This will likely take a few weeks.

Long story short, and if I understood the attorney correctly, looks like it should be stabilized unless a rent regulated tenant was in the unit and market rent went above rent threshold.

[TenantNet]

Sorry for the delay, I've been trying to catch up with many of these posts - maybe tomorrow

Please let us know which attorney you retained - best by private mail. DHCR tends to resist some FOILs or subpoenas. There are some recent cases that strengthen tenants' position in seeking information.

In general, it's good to find out in advance the story the LL intends to use. I prefer to be a bit more quiet and cautious, play closer to the vest, until I am satisfied with my own research. If they know you're leading up to a case, they might try to hide or revise information.

But there are times to just lay it out there and see that they say. It's a judgment call, but I would defer to your lawyer.

FYI, I have seen cases where LL's will invent fake tenants claiming they were in the unit, even going so far as to write up fake leases. That's why it's good to talk to other tenants.

There are other ways to get evidence about former tenants, i.e., Con Ed bills (you would have to subpoena them), basically anything a person does leaves a trail of evidence.

And of course, even if there was a former tenant, then the question is what did the LL do to cause the rent to go up past the threshold?

[hotsawce]

He may have to make up years of leases since 1984 based on my the rent registration.

My landlord has not given me any reason as to why the unit is not stabilized - just that "it isn't." I've received a few texts asking to discuss the "lease situation" but I have not responded and will not until it goes further... I kind of want everything to be in writing with this guy.

My attorney directed me to inform them I have an attorney next time and I'm under no obligation to speak with the landlord.

Trying to play as close to the vest as I can. I've already signed an authorization that gives my attorney to deal with DHCR and FOIL request on my behalf. I'm also going to bet he didn't ever file that notice of deregulation with DHCR nor did he provide one ever to any tenant (I forget the name of the form) but I'm eager to see what this turns up.

In the mean time, I'm paying my rent par for the course and I'm going to have to deal with any harassment or anger from the landlord. He threw a fit with the HPD complaint (4 violations are still open, by the way) so I wouldn't be surprised if this guy pounds on my door when he finds out I've retained an attorney.

[TenantNet]

He may not have given you a reason yet, but he will come up with something.

As I said to you privately, we know the tenant firm you selected (one of our advertisers).

It's common to tell potential adversaries that you are represented and they should speak with your attorney. Nothing unusual about that. That sends a signal to the landlord that you are serious.

When a case is brewing, I generally want them to spill the beans while they still have loose lips. But don't give up any information as to what you know (or don't know) to them just yet. Follow the advice of your attorney on this.

FYI, you can record any phone conversation. NYS is a one-party consent state, meaning it's legal as long as one party knows the call is being recorded (that's you, and I don't think you need to use the beeps). However it might not be admissible as evidence in a proceeding. For no other reason, it's valuable in order to recall what a landlord (or s managing agent or a super) said or represented.

With any law firm, their time is your money, so use your time with them judiciously. Make sure they tell you what is going on with a case - you have right to know. But don't hit them over and over with minor questions and don't expect them to drop everything else if you call. They do have other cases and other clients.

[hotsawce]

I saw in another thread you mention “ no increases can be had during periods of no or false registration.” Do you have a link to this law/rule I could reference? And what if the landlord attempts to register retroactively when he catches wind I’ve retained an attorney? He still doesn’t know.

Because there is no rent history, I’m pondering what could have gotten the rent above the threshold, if anything. I’m relatively certain one tenant lived here for decades until the tenant before me, and I have a feeling when the longest tenured tenant left, they threw a fresh coat of paint up, made some minor improvements and charged the new tenants whatever the market would bare. This would be illegal, as a vacancy lease at one year is capped around 18%?

Ie, if the legal rent was, say, $2000 when the old tenant left and the apartment was indeed stabilized, the new tenant’s legal rent could be, at most, 2360 based on the vacancy bonus at the time?

I just don’t see how this could have been destabilized. Still waiting on those FOIL requests but I did get a docket number for my complaint on failure to renew a stabilized lease (which will go through my attorney now.)

Sorry for the delay, I've been trying to catch up with many of these posts - maybe tomorrow

Please let us know which attorney you retained - best by private mail. DHCR tends to resist some FOILs or subpoenas. There are some recent cases that strengthen tenants' position in seeking information.

In general, it's good to find out in advance the story the LL intends to use. I prefer to be a bit more quiet and cautious, play closer to the vest, until I am satisfied with my own research. If they know you're leading up to a case, they might try to hide or revise information.

But there are times to just lay it out there and see that they say. It's a judgment call, but I would defer to your lawyer.

FYI, I have seen cases where LL's will invent fake tenants claiming they were in the unit, even going so far as to write up fake leases. That's why it's good to talk to other tenants.

There are other ways to get evidence about former tenants, i.e., Con Ed bills (you would have to subpoena them), basically anything a person does leaves a trail of evidence.

And of course, even if there was a former tenant, then the question is what did the LL do to cause the rent to go up past the threshold?

[hotsawce]

Update:rent history and cases by by building only shows my recent lease renewal complaint and a MBR proceeding from 1973 (for rent controlled apartments.) So nothing noteworthy or groundbreaking.

We are filing an Administrative Determination request with DHCR and an overcharge complaint immediately after.