TenantNet Forum

Where tenants can seek help and help others



Moved in last year but rent history says unit is still RC

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

Moderator: TenantNet

Moved in last year but rent history says unit is still RC

Postby jjb578 » Fri Jun 03, 2022 8:51 am

Hello, I’m very new to all this and actually just requested my apartment’s rent history out of curiosity. However, I’m a bit confused by what I received and would appreciate help understanding it! My rent history has rent listed for ~$280 in 1984 and also indicates it was under rent control. However, every year from 1985-2022 it says “RENT CONTROL — REG NOT REQUIRED”. Am I correct in my understanding that this means the unit was never officially moved out from rent control?

I plan on reaching out to a tenant rights advocate if there’s a chance I’ve been overcharged or could potentially have rent reduced as the first rent stabilized tenant, but I want to check here first that I’m not just vastly misunderstanding the document/what it implies.

Thanks!
jjb578
 
Posts: 2
Joined: Thu Jun 02, 2022 10:44 pm

Re: Moved in last year but rent history says unit is still R

Postby TenantNet » Fri Jun 03, 2022 9:50 am

In 1984, NYS took over the administration of rent regulated apartments from the city. They created a new registration system which has been undermined at every opportunity.

Rent Stab units are required to be registered every year by July 31, listing the rent that was charged on April 1st of that year.

On the other hand, Rent Controlled units were required to be registered once, in 1984, and not in subsequent years. But it gets complicated and murky.

Questions:

- when did you move into the unit and when did the previous tenant vacate, if you know (ask neighbors)?

- was the tenant (previous to you) under rent control? You can FOIL DHCR for any MBR, MCR or Fuel documents for the unit. These are RC documents and indicate RC activity, but not absolutely determinative either way.

I ask because you might be on a time clock if the LL served you with a Fair Market Rent notice. Were you given any documents when you took occupancy?

The question isn't that a unit is "moved out of RC." Doesn't work like that. It more or less just happens unless there's an objection.

Do not speak to the LL about your inquiries. Keep it quiet. You build a case one step at a time.

To the extent possible, try to get evidence showing who lived in the unit over the years, when they vacated, their RC status, what they paid. (some will give you their documents).

Plan on reaching out to a tenants rights advocate? You just did. Do you think we're mashed potatoes?
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: 10311
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Moved in last year but rent history says unit is still R

Postby jjb578 » Fri Jun 03, 2022 1:33 pm

Thank you so much for the thorough response! To answer your questions:
- When did you move into the unit and when did the previous tenant vacate?
— I moved in in January 2021, and the broker who showed me the apartment mentioned that’s the previous tenant had just moved into a larger unit in the building. I see on street easy the apartment was listed in November 2020.

- was the tenant (previous to you) under rent control? You can FOIL DHCR for any MBR, MCR or Fuel documents for the unit. These are RC documents and indicate RC activity, but not absolutely determinative either way.
— I’m not sure what the second sentence means, but I don’t believe the previous tenant was under rent control. This is based on the StreetEasy history which shows it was rented in 2012, 2015, 2018, and 2019. Additionally, my doorman once referred to someone who lived in the unit several years ago (so I know the tenant has changed multiple times in recent years).

- Were you given any documents when you took occupancy?
— I’m re-reviewing my lease now, and I’m actually seeing that it’s titled as a sublease, and it appears the owners of my building set up an LLC and gave it an 80 year lease of the unit (or building?) I’m sure I’m not describing this well. There are also a few riders to the lease. I don’t see anything about fair market rent.

Definitely not reaching out to my landlord. Thank you again for your help!
jjb578
 
Posts: 2
Joined: Thu Jun 02, 2022 10:44 pm

Re: Moved in last year but rent history says unit is still R

Postby TenantNet » Fri Jun 03, 2022 2:53 pm

So if the previous tenant moved into a larger unit in the same building, you should be able to ask him/her for details and documents. But do so gingerly as some people don't want their stuff out there. I have the feeling that this tenant might not have been the original RC tenant. Why, because RC is for people who have been in occupancy since 1971, so it depends on how old/young they are (or if they got the RC unit by succession - that's a possibility.

OK, so if SE says it was rented in 2012 and beyond, chances are the LL didn't make the proper filing with DHCR (you can FOIL the deregulation notice, if they have it). However, not making that filing, I think DHCR will do nothing.
MBR - Maximum Base Rent
MCR - Maximum Collectible Rent
Fuel - Fuel surcharges for RC tenants.
Each of these documents had to be filed when a LL wanted to raise a RC rent. Again, it's all part of building a history.

Be careful when speaking with the doorman. He/She works for the LL.

Sublease - you see the word Coop or Cooperative? Is your LL the same as the building owner, or Managing Agent? If a coop, that gets tricky and you might have to contact the NYS Attorney General's office to get details of the coop.

Otherwise you need to disentangle the web of ownership. If the building has a tenants association, that's a good place to start. I'd also look at the ACRIS database of the Dept. of Finance. That has all the deeds and such.
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: 10311
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: No registered users and 36 guests