RS apartment destabilized, then re-stabilized ?

[confusedaboutRS]

I recently obtained my rental history. Can someone explain to me what's going on here? The apartment was rent-stabilized at $1410 until 2007, until it was destabilized in 2008 due to high rent vacancy (not sure if this is suspicious, as this means they must have increased the rent to over $2000 to pass the threshold, and StreetEasy shows that the apartment did not rent for over $2000 until 2015). And then in 2019, it is suddenly listed as rent-stabilized again at $2195, but has not been registered since 2019 since.

Does this mean my unit is still stabilized?? I am currently paying $2495 on the apartment. And would it be at $2195, or is there reason to investigate why the apartment was destabilized to begin with in 2008?

https://imgur.com/a/OdohU1V

[TenantNet]

First, do not ever trust sites like Streeteasy. The DHCR registration is what the landlords report to DHCR, until they decide they don't have to register. DHCR does not enforce RS, although that is what they are supposed to do. It's probably bogus, but with the 4-year lookback limitation, even if you could prove something, it would be very difficult to fix.

I would encourage you to keep looking; maybe you'll find something. But understand, it's not easy.

[confusedaboutRS]

So looking four years back to 2020, do you think the unit is still stabilized since it is registered as RS at $2195? What else should I keep looking for?

[confusedaboutRS]

And what is the reason why a de-stabilized apartment would become registered as stabilized 10 years later?

[TenantNet]

Don't know why it would have been registered. LL will likely say that was a mistake. They make up bogus excuses. But it maybe be worth exploring. For the previous years, it may help to see why it was labeled Exempt Apartment. It might be that the unit was occupied by a super of building worker. That could be temporary exempt. My understanding is that might mean it would return to RS status if the worker moves out. In that they claim from 2020 they can't find the registration, and if the RS status did return in 2019, then that could mean the rent could not have legally gone up since that time.

I would keep looking into this.

[confusedaboutRS]

Thank you so much for your reply... Do you think I confront the LL about it (the lease we signed explicitly says the unit is not rent stabilized), or is it best to just file a complaint / consult a lawyer?

[TenantNet]

I would not mention this to the LL until you've done a lot more homework. I don't think you said above, was your initial lease a RS lease? Do you get renewals on DHCR form RTP-8 and in accordance with RGB guidelines? Is the LL treating you as a RS tenant?

Have you spoken to neighbors to see if there was a building employee in the unit prior to you? I would find out all you can about the unit and the building.

You don't want to make a fuss until you have a much better sense of where things are. It might be useful to get a legal opinion from a tenant attorney.

[confusedaboutRS]

My initial lease says the unit is not rent-stabilized, and so I am thinking they will probably say something like the 2019 registration was just a mistake... I will see if I can get any info from the neighbors.

This clause was included in my lease: "Tenant acknowledges that neither this agreement nor any of the terms and conditions hereof, including without limitation the amount of rent and other charges and the term hereof is subject to any law, rule, regulation or ordinance or any other prohibition of any nature or kind, including without limitation any and all laws, rules, regulations or ordinances commonly referred to as Rent Control, Rent Stabilization or the Emergency Tenant Protection Act. Tenant does not have lease renewal right inasmuch as the unit being rented is not subject to either Rent Control or Rent Stabilization Laws."

[TenantNet]

That clause is meant to intimidate you ... it seems that it has. By law you can't waive your RS rights (if you have any). So it's really meaningless. If you were to seek redress with DHCR or in the courts (which we don't recommend until you have a lot more evidence and a strategy), I think the courts would ignore such a clause. Indeed, if you are RS, the failure to give you a RS lease and properly register could end up as an overcharge (but remember, the 4 years means no evidence more than 4 years old can be used to establish an overcharge). RS status? perhaps, Overcharge, no.

[confusedaboutRS]

Okay, I have one more question..

My lease does have a preferential rent rider, where it states that my preferential rent is $2495 but the legal maximum rent is actually $2795. But in the same rider, it says that the reason preferential rent is being given is NOT because the unit is rent-stabilized. But from what I read online, it seems like preferential rent riders are really only used in rent-stabilized units?? Could you help clear this up, I really appreciate iT!!

[TenantNet]

Odd, but we've seen this before. A Preferential Rent is a creature of rent stabilization. It does not exist in unregulated units. The LL might offer a discount of a few months rent, but a PR is something specific to RS, and since 2019 it's been greatly restricted, i.e., the LL can't remove it while the current tenant remains in occupancy.

The "legal rent" or "legal maximum rent" is also a RS term. For unregulated units, there is no legal rent or maximum rent, just the rent in the lease.

But even with that landlord sloppyness, that does not ensure the unit is RS.

[Landlords Boy]

At first the DHCR statement looked bizarre to me. Then I realized this situation might occur if a unit is temporarily exempt, then is not exempt, then is temporarily exempt again. And then the LL made a mistake and gave out the non-RS lease, then rectified it in the renewals.

[TenantNet]

I mentioned above it might be temp exempt. I don't think the LL can just "make-up" for a mistake in registrations, at least without an explanation to DHCR and to the tenant. One way might be to amend the registration for a particular year. I don't know what DHCR demands in such situations, but the T should get a legal opinion from a tenant attorney (after speaking with DHCR).

In short, if not registered properly (or not amended), the legal rent can't go up until it has.