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Would re-registration appear in rental history

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

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Would re-registration appear in rental history

Postby Sleuth40 » Sun Nov 06, 2022 9:22 am

My rental history does not show that the unit was re-registered accordingly after Roberts. If my landlord had done any effort to regularize his situation with DHCR would it show on the rental history? And if so how would it appear on the rental history? Before asserting that the post Roberts re-registration happened, I want to make sure this is the case.
Last edited by Sleuth40 on Sat Nov 12, 2022 10:40 pm, edited 1 time in total.
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Re: Would re-registration appear in rental history

Postby TenantNet » Sun Nov 06, 2022 12:26 pm

I don't know the answer to this specific question and perhaps you should ask DHCR -- and -- research legal decisions. Start with Google Scholar. Or poke around and look for procedures on how to amend registrations.

First, I'd get the rent history and see what that says. You can (and should) submit a Freedom of Information Law request for all documents related to your apartment. The email to do that is orarecords@hcr.ny.gov - and the web page is https://hcr.ny.gov/freedom-information- ... ts-records

They might ask you for proof of your residency, i.e., a lease or utility bill.

Remember that a FOIL request is for any document reasonably described that is within the possession of the agency. If a LL amends a registration, there should be a record of that. While FOIL is one thing that DHCR does better than some other agencies, it's not perfect.

In our experience, the DHCR Rent information Office personnel are poorly trained when it comes to complex questions, so you might have to go up the ladder.

For legal questions, you can always write the DHCR Commissioner
https://hcr.ny.gov/ruthanne-visnauskas-bio-1

She would likely pass the request on to someone in policy or legal. Also see https://hcr.ny.gov/office-rent-administration-ora

DHCR should issue an Opinion Letter if you ask for one. Opinion letters are for general application, not a specific case.

See https://hcr.ny.gov/system/files/documen ... report.pdf
In our experience Michael Berrios (page 13) has been helpful in at least pointing one to the right person to ask questions.

Letters should go to:
NYS Division of Housing and Community Renewal
Gertz Plaza
92-31 Union Hall Street, 6th Floor
Jamaica, New York 11433

But some do respond to email requests.
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Re: Would re-registration appear in rental history

Postby TenantNet » Sun Nov 13, 2022 4:21 am

Looks like you substantially edited your original question on Nov. 12 after we asked about it on the original thread. That can make our 11/6/22 answer (that you called "long-winded") meaningless, or at least take on a different meaning. For the record, your original question here was:

My LL received a J-51 Abatement in 1993 - which lasted 14 years until 2007. Ten years in during that period after a vacancy, he deregulated my specific unit for "Renov + Add Space". After that the rental history showed "EXEMPT APARTMENT - REG NOT REQUIRED". As you know, DHCR decided that "Rental apartments in buildings with J-51 tax benefits cannot be deregulated or permanently exempt from rent stabilization based on high rent or for any other reason." I moved in years later. But the rental history does not show that the unit was re-registered after Roberts. If he had done any effort to regularize his situation with DHCR would it show on the rental history? I clearly have no ground for overcharge at this point but I might have ground as the tenant of of an apartment wrongly deregulated under J-51 to sue for a rent stabilized lease. Would love you thoughts.

As yes, we didn't know the answer and said so. It wasn't long winded. And we tried to point you in the right direction. But at the time we weren't aware of the prior thread. Such confusion is why we have the one-thread rule (and check the forum rules that's been the case for years).

There may be times where there may be sufficient distance between one thread and another that it's not a problem, i.e, if you had a holdover case in civil court because the LL claimed you were making too much noise (in 2015), and then 2 years later you had a question about a pending MCI with DHCR, in such a case there would be sufficient distance where I would't feel the need to read the original thread in order to answer the second thread.

But here, that's not the case.

So now, locking this thread; any answer or comment, please put in the original thread.
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