TenantNet Forum

Where tenants can seek help and help others



Understanding my apartment's rent destabilization

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

Moderator: TenantNet

Understanding my apartment's rent destabilization

Postby ahendri » Mon Jul 11, 2022 9:40 pm

Hi all,

I moved into my current apartment about 2 months ago and thought it was weird that the apartment wasn't rent stabilized--the building was built in 1905 and contained 16 units. It was only recently that I requested my rental history and found that it, indeed, used to be a rent stabilized unit up until 2010 when it was given a permanent exemption due to high rent vacancy. However, the years leading up to 2010 me confused--it goes:

2006 RS 10/23/2006 $1110.00 07/01/2004-06/30/2006
2007 RS-V 01/18/2008 $1400.00
2008 *REG NOT FOUND FOR SUBJECT PREMISES*
2009 RS-V 08/12/2009 0.00
2010 PE 08/03/2010 EXEMPT VAC/LEAS IMPRVMENT 02/01/2010 - 07/31/2011

There are two permits for major improvements done to the building--one was a building wide plumbing job (which shouldn't affect the rent that much) and another was for repairs and renovations to the first and third floor's apartments. The latter's estimated cost was put at $30000, but which apartments were renovated and to what extent is frustratingly vague.

I have a couple questions going from here--is this enough information to go to a tenants union and/or tenant attorney to contest the rent stabilization exemption? and if not, what are some other resources I should check out to find more supporting information?
ahendri
 
Posts: 2
Joined: Mon Jul 11, 2022 8:24 pm

Re: Understanding my apartment's rent destabilization

Postby TenantNet » Tue Jul 12, 2022 1:22 am

It's not weird at all. Many many thousands of RS units were deregulated from 1993 to 2019, and many illegally. The high-rent vacancy is the most popular excuse given, but there's often fraud involved and DHCR does little to check. Registrations reflect what the LL reports, and that's often a lie.

MCI's can increase the rents substantially. You should FOIL the MCI applications files as what you describe doesn't sound right. MCI's must be for building-wide systems, such as new boilers or new elevators, not for unspecified plumbing in a few places or renovations to a few apartments. There must be DOB permits on file for major improvements.

You might be referring to Individual Apartment improvements, which could apply to just your apartment and not others, and rents are often increased substantially for those (and many are just plain frauds). But IAI's to other units can't be applied to your unit.

But you need more information, a lot. See what you can find at the Department of Buildings, ask other tenants. Build a documented history, to the extent you can.

Then you have the issue of statute of limitations, which would be a 4-year look-back period for overcharges. Ascertaining a RS status (without overcharge claim) might be a little easier, but you still need more information.

You should read this:
https://www.brickunderground.com/blog/2 ... y_now_what

First, the firm Himmelstein mentioned in the article is a legit tenant law firm.
Second, they are probably the most expensive tenant law firm.
Third. there are other tenant law firms, a number of which advertise on this site (see top of page and the site's home page). Just make sure, if you do retain an attorney, that they have and can show you cases where they challenged deregulation.
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: Understanding my apartment's rent destabilization

Postby ahendri » Tue Jul 12, 2022 11:00 am

I'm not sure what exactly I'll find from requesting documents from ORA, but I have submitted a request to access records. And unfortunately, I don't believe that many of the residents of the building have been here longer than 10 years to know exactly what kind of work was done. It doesn't hurt to ask, though, and I'm also sure there's at least a few other rent stabilized apartments in the building.

But thank you for the helpful tips! I do have another question: is documentation related to individual apartment improvements on any of the public databases (DOB, ORA, etc.)? Or can I only find that from my landlord?
ahendri
 
Posts: 2
Joined: Mon Jul 11, 2022 8:24 pm

Re: Understanding my apartment's rent destabilization

Postby TenantNet » Tue Jul 12, 2022 11:46 am

LLs are not required to submit any IAI documents to DHCR unless a tenant makes a complaint. As far aw we know, they are not on any database, even with DHCR.

LLs are required to put (refer to) IAIs on the DHCR information rider that is supposed to accompany new leases and renewals. But if a unit is deregulated, then you would not be getting a RS lease and no rider. There is a form that is supposed to be submitted to DHCR upon deregulation, but most landlords AND DHCR ignored it.

Some improvements are required to get permits from DOB (i.e., moving or demolition of walls). But many other IAI items, new stoves, refrigerators, cabinets, etc., do not require DOB permits.
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 51 guests

cron