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Help understanding rent history, possible to still be RS?

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

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Help understanding rent history, possible to still be RS?

Postby rats_are_friends » Mon Feb 13, 2023 12:40 am

Hello, I have done lots of research and read lots of posts but I am wondering if it would be possible to get an opinion on my situation.

I am living in an building built in 1930 with 30 units. I recently requested my rent history from the DHCR and found it was consistently filed as RS from 1984 to 2014 with consistent and fair looking rent increases being reported. The last filing was in 2014, where the legal regulated rent was $1375 with a preferential rent of $1250. I know it is not reliable, but the listing on StreetEasy says the place was rented for $2,291 in 2015.

As per the fact sheet here (https://tinyurl.com/yrznbtbh), the rent would have needed to be raised significantly (~+$1125) to pass the deregulation threshold. I found a work order from 2014 that reports "general construction to include new partition, replace existing plumbing with new."

The apartment has definitely been renovated. We have new kitchen cabinets and countertop, a cheap washing machine, cheap dishwasher. It's nice but the kitchen area is small. There is recessed lighting and the wiring seems new (the washing machine would require it). StreetEasy says the bathroom was recently renovated, but it looks like they just put in a new toilet and a cheap vanity. There have definitely been IAIs done, but if I am understanding correctly, at a limit of 1/40 the cost, the work would have had to total ~$45,000 and I am not sure if that is reasonable or not.

I know there has been at least one tenant that has been here since 2014, and possibly two. We still get their mail. When we moved in there was a letter from a collection agency in search of a few months of rent taped to the door looking for the last guy who lived here.

As someone barely scraping buy in NYC and struggling I am just trying to do my due diligence. Is it possible my place was legally deregulated, or if not how should I approach this situation? Thanks so much, appreciate any help or advice.
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Re: Help understanding rent history, possible to still be RS

Postby TenantNet » Mon Feb 13, 2023 5:34 am

First, "consistent and fair-looking" rents mean nothing. They must conform to RGB percentage increases plus any increases granted by DHCR. Do not even look at Streeteasy or the other listing sites. Do not ever use "reasonable" again. You are in NYC.

Second, you don't tell us when you move in. That's a VERY important detail.

When you say work order, what does that mean? Is that a DOB permit or a work order from the LL? They mean different things. Partitions can be tricky. Many LLs dont even apploy for permits although partitioning a unit can have a huge impact. Did they create two separate units, each with their own entrances? (that would require a COO change). Or did they just make 2 smaller rooms out of one larger one (common so they can claim it's a 2BD unit). But that could have an impact on egress and fire safety.

Putting aside those issues, when a LL renovated, they could add 1/40th of the cost (usually inflated) to the rent - the legal rent (not necessarily the preferential rent (PR were done away with in 2019.), but only between vacancies (unless a tenant consented). Of course DHCR never looks into these increases.

On average, yes, I would say most units deregulated were done so illegally. The problem is there's a 4-year lookback period. So if you filed a complaint today, they can only look back to 2019. The only exception is absolute fraud, and you haven't even hinted at that. Most of what you have is conjecture and speculation, no proof of anything. If you were within the 4 years, you could at least force the LL to produce the doctored construction bills.

You can thank the Democrats for a) putting in the deregulation scheme and b) allowing only a 4 year limitation and almost no way to pierce that veil.
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Re: Help understanding rent history, possible to still be RS

Postby rats_are_friends » Mon Feb 13, 2023 10:30 am

Hello, thank you for your reply.

I have been here about a year. I moved here in 2021.

Yes, I am referring to a DOB permit. I am not sure what the partition is referring to. Our layout is very normal and a true 2BD. I can't find any COOs.

Does the 4-year lookback period mean they will only look 4 years prior to determine if the place was illegally deregulated, or does it refer to damages?

Yes, all I have is conjecture and speculation. From 2014 onward there is no rent history for me to refer to to base any assumptions on.

It seems like a lost cause. Still, I appreciate your reply and the work you do. Thanks.
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Re: Help understanding rent history, possible to still be RS

Postby TenantNet » Mon Feb 13, 2023 2:25 pm

You MUST stop using words (and thinking) like fair-looking, reasonable or normal. NOTHING is normal in NYC. What the hell is a "true 2BD"? That's a meaningless term.

A partition would be a new wall somewhere, it might be dividing what was a larger room, or it might have created a closet space, or in some cases they combine two apartments or even move the outer walls of the unit into a wide hallway. In the latter two instances, they absolutely need a DOB permit and they absolutely need a change in COO. You can find all COOs for the building on the DOB website.

Some partitions block secondary egress in case of a fire. There was a huge fire in the Bronx about 15 years ago because a LL changed the layout of the apartment. A number of firemen were killed. Google Black Sunday in January 2005 Bronx.

So look for a new wall somewhere. Ask your neighbors. Most units in the same line should have the same layout, so see what the people above or below you have in terms of room layout -- especially those tenants that have been there for many years.

I have no idea what you mean by damages.

Once deregulated, they would no longer be required to register with DHCR.
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