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Were we illegally destabilized?

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

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Were we illegally destabilized?

Postby jss517 » Thu Jul 28, 2022 9:14 pm

Hello! I'm so glad to have stumbled upon this forum. I've got a sticky situation.

My building was recently sold, and the new owners are trying to force the current tenants out. They seem to be going about it in a shady way, so I am trying to explore my rights and options.

I moved here in 2021, and was not given any sort of rent stabilization documentation in my lease, which was for two years. The new owners have said that I can stay through the end of my lease, but not renew after that.

I requested my rent history, and it seems that my apartment was rent-stabilized until 2011, and nothing has been reported since then. It just says *REG NOT FOUND FOR SUBJECT PREMISES* for every year since. In 2011, the rent was $1436.61. I believe it was built in 1930.

At some point, before I was living here, two of the units were combined into one (not mine), bringing the total amount of units from six to five, and theoretically being the reason for not being stabilized.

My widespread question is -- what do I do?

More specifically: Would converting that unit from two to one legitimately destabilize the rest of the building? (I have trouble believing that, because I feel like if it was that easy, every landlord with a six-unit building would be doing that.) Is there any way to see if they "properly" destabilized my unit? Should they have been reporting the rent anyway? If it can be proven that the PREVIOUS owners illegally destabilized, do the NEW owners have the right to kick us out? Or do we go back to being stabilized and protected? Are we owed back rent? Any other important things that I should be thinking about and am somehow missing?

Thanks so much in advance!
jss517
 
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Re: Were we illegally destabilized?

Postby TenantNet » Thu Jul 28, 2022 10:03 pm

How many units are in the building? Find out data on the building at https://zola.planning.nyc.gov/

If legally deregulated, the LL has to let you stay through the end of your lease (that's the law, not a favor to you). MANY units have been deregulated illegally, usually though bogus rent increases by Individual Apartment Improvements (IAI) where they could raise the rent above the threshold level for high rent deregulation. See https://hcr.ny.gov/system/files/documen ... 2-2020.pdf

But there is no single strategy to combat this and would likely involve litigation. If you have a good case, then go for it. At the minimum, asserting a claim would, in our opinion, put a hold on any attempt by the LL to evict you after your lease expiration until the matter was resolved (and all court appeals).

There are cases that say if a LL combines two units (reducing the number of units from 6 to 5), the units in the building would still be rent stabilized. In essence, if the number of units in the building were ever six or more, then RS would hold for building units no matter what the LL might have done.

However, for those units that were combined, they would likely be subject to a "first rent" with a much higher rent - and likely deregulated. So that would be for those units, not yours.
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Re: Were we illegally destabilized?

Postby jss517 » Thu Jul 28, 2022 10:57 pm

According to the link you sent, it's 6 units. But living here, it's definitely 5, and I found the advertisement for the sale which listed it as combined into a super-unit or some stupid madeup term like that.

How would I be able to find out if the previous landlord went about it legally or not?

And say we find out they did it ILlegally, but now there's a new owner, what does that mean?

Is the fact that there just suddenly no reporting at all after 2011 an indication of anything?

It's such a confusing mess. I greatly appreciate your help!
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Posts: 2
Joined: Thu Jul 28, 2022 8:41 pm

Re: Were we illegally destabilized?

Postby TenantNet » Thu Jul 28, 2022 11:28 pm

It may be five units now, but evidence of 6 units exists, the the case law we've seen says it should be RS.

As you said, the combined unit is not your unit - it's someone else's unit.

But I don't know if that's your biggest issue. Even if the building were to be considered subject to RS, individual units may have been deregulated due to IAI, either real or bogus.

There is no one way to do all of this legally, and there is no one way to undo it. DHCR and the state legislature have made things intentionally vague, and the Cuomo courts have been about as right-wing as the US Supreme Court.

Some say you should find out the basis for the 2011 deregulation, and one way would be to file a complaint with DHCR. DHCR does not require landlords to submit documentation to justify deregulation, unless a tenant complains. Of course this means the LL will know you are poking around. So be prepared for LL harassment.

New owner? Doesn't matter. New owner "steps into the shoes" of the old owner.

Also see this:
https://www.brickunderground.com/blog/2 ... y_now_what
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Information from TenantNet is from experienced non-attorney tenant
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