Rent Stabilized; Landlord Papering Over?

[hotsawce]

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[TenantNet]

I'll take a stab at this, but I can't go too much in depth. I have my own LL problems

I saw you have 13 previous posts, and to the extent it covers the main issues here, you should have continued that thread (and part of the forum's policies). So for right now, I'll ignore all those other posts.

You also say you have a tenant attorney, and that's good. We can offer an opinion, but you should be working with your lawyer.

Having a RS original lease is good, but likely not the only thing that matters. DHCR is supposed to look at the history and registrations subject to the 4-year lookback, unless there's clear evidence of fraud (mistakes by themselves are no considered fraud).

Failure to register, as here, is not good for the LL, but DHCR often allows them to fill in the missing registrations without penalty. You say he did register late for 2018, but not all the other years. But was the registered rent in 2018 a continuation of the 1984 rent, or was the jump taking into account all those other years where registrations never occurred?

Also, did he offer renewal leases? If so, were they on DHCR form RTP-8? Did they follow RGB increases?

Understand that calculation of the legal rent is one thing, while RS is often a separate issue. You say he registered for the year 2018, but he didn't do so until 2022 (after the 2019 changes). Does the history say the date the 2018 registration was made? I would think that even if the 2018 rent was above the deregulation limit, the late registration didn't trigger anything. Plus, deregulation would occur between tenancies, not while you are still in occupancy. Any unexplained increases (such as IAIs) would have to occur after you left the unit.

Also see this for the deregulation triggers:
https://hcr.ny.gov/system/files/documen ... 2-2020.pdf

As to the LLs response, the entire reason for imposing a 4-year lookback is so the LL won't have to keep records going back 50 years. Debates of the day made that very clear. So if he's claiming he has no records, whose fault is that? They can't find the records of the first deregulated tenant? More likely is that they don't want to submit them.

Did you say when you moved in?

It looks like they are making all the LL claims here. DHCR can be compromised most of the time, but this is a bit much.

Gut renovation could mean a number of things (see J51 renovations, but that would be for the entire building). More likely they mean IAI. But again, that would have to be between tenants. Do they say when? What was replaced or renovated? How much did they spend? Do they offer proof of payment and to whom? Receipts, invoices, canceled checks? Does it appear work was actually done?

Do you have a 2018 refrigerator or a 1986 one? Look at the refrigerator's model number ans serial number. I found sites on the web where they say when things like refrigerators were being built or on sale. Seems you've done some of that research.(I'm just guessing a refrigerator was part of the LL's IAI list).

Back then IAIs did not have to be submitted to DHCR, but when a complaint was made, the LL has to have some level of proof. See this: https://hcr.ny.gov/apartment-iai-and-bu ... provements

Lack of a base rent is an important point. But DHCR does have default formulas. As your lawyer about those and when they are used.

In our view, lack of registration or a renewal lease should preclude rent increase (but you can't trust DHCR). Let's hope you have a good lawyer, the LL has a sloppy one and DHCR is feeling sympathetic to your case (rare, but not unknown).

[hotsawce]

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[TenantNet]

Please keep your replies short.

[hotsawce]

Apologies. Edit: Shortened up.

Please keep your replies short.

[TenantNet]

2021, that was after the law change. You said renewal was also on a RS form. Was that DHCR form RTP-8 - it's in small type on the lower left of the page - double check.

All initial and renewal RS leases are supposed to have the DHCR informational rider attached. If not, you can complain or use it as a defense in court. But to be honest, DHCR really doesn't enforce that. You can find it online. https://hcr.ny.gov/system/files/documen ... llable.pdf ... I would not make a fuss on that alone.

OTOH, rider attached to the initial lease should have the calculations as to how the rent was increased. That is important as it gives you information vital to any complaint or challenge.

IMHO, on the surface, the history sets up a prima facie case, and it really should make it the LLs burden to show it was legally deregulated.

You can make an argument that the new registrations are essentially an admission that the unit is RS. They will claim the 2018 registration is 4+ years ago, but that's BS as it was a late registration. You atty should look for case law on that point.

I would - as an exercise - take the 1984 rent and apply the allowable RGB increases (take the two year increases) for the last 39 years and see what you get. Add in any MCIs or IAIs that are known to you. See what you get.

Who is the LL atty (use PM) to tell us. They pull shit like that. I would think that their 2018 filing (and 2018 fake rent number) itself might be inadmissible on the 4 years basis if it's better for you. Normally the 4-year limit hurts tenants, but this might be one case where it hurts the LL as the only info is from 1984.

On IAI, they have to detail what was done (you can challenge) and the cost (you can challenge), but you might need an expert. They have to back it up with invoices, cancelled checks and maybe other proof. Just saying so doesn't make it so.

Many DHCR cases can take years (but not all). I would FOIL the complete file every so often to see if the LL made any new submissions. DHCR is notorious about not sending submissions to the opposing party. With FOIL, you can pay $0.25/page, ask for all PDFs by email (but you might not get everything) or go to DHCR's main office in Queens or the local Borough office to inspect the file. I used to bring a portable scanner and laptop (they had a fit), but now I take photos with a smartphone.

If you trust them, you can ask for any new letters or documents past a certain date, the last time you inspected. In the end it pays to be more on top of this than the LL.

At a certain point - few months maybe - you can send a letter to DHCR claiming the LL has had more than enough time to look and produce any documents. Problems with that is that DHCR might give them more time. It's a strategy decision. Sometimes outrage works. If in court, you can file a motion to force production or STFU.

I mention the manufacture date above (so did you). I've seen it used before. But where and when did they claim when the unit was renovated? Was that in the LL submission? What do you mean "came off market" (NEVER trust StreetEasy or any such web site). I'm not understanding the date chronology in your last paragraph.

[hotsawce]

1. Both original and renewal are on RTP-8. Neither had any informational riders or calculations attached.

2. Yes, the late registration + 4 year limit thing does seem BS and will bring up to my attorney.

3. I will also bring up the idea of not letting them get too much time to produce receipts etc to my tenant attorney. DHCR was very slow in forwarding their response, which was filed roughly 6 months ago. It was just forwarded to us this month.

3. The letter from the attorney states the unit was "completely renovated in or around 2017." Given the date of my appliances, plus the Street Easy listing history from the Realtor at that time with their statements it was new (and photos showing the new appliances) makes it seems like a blatant lie from the landlord.

4. When I do a "people search" for my address and apartment, only 2 tenants come up. One was a long running tenant and their family from 1984 to 2018 (supposedly.) I suspect I found the tenant that rented the unit briefly before me in 2019 (who I reached out to but would suspiciously not confirm in they lived here or not for some reason.) Couldn't find any tenant for the name listed for the sole 2018 registration on my unit anywhere in a people search.

I understand they are not entirely accurate, but these databases have managed to capture all of the residents that I understand did live here at one time or do. Perhaps not relevant but an interesting discovery.