Illegal Rent Increase

[briankeane]

We moved into our apartment on 07/01/97 -- about five years ago. We are having lots of trouble with our landlord so I checked into the rental history, and the rent was illegally increased ALOT between the previous tenant and us. It was five years ago, but we've been the only tenant since. Is there ANYTHING I can do? I don't care about getting the money back (although that'd be okay), I just want to report it to somebody or something. Can anyone help?

[mjr203]

if the apt is rent stabilized it is illegal for the LL to charge above the legal rent.. this rent is determined by the DHCR. You should request a rent history on your apartment and examine the increase to see if it was legal. I am not sure that you can do anything about it at this point as the stupid law I think gives LL's a 4 year get out of jail free card -- you cannot examine the rent registration or MCI increases beyond 4 years ago?

[briankeane]

Hi.. thanks for writing back. I did get the rental history and it WAS an illegal increase, but it was five years ago. There is also a fake tenant between us and the previous real tenant. I have the original lease and the landlord left the part about "justifying the rent increase for vacancy leases for rent-stabilized apartments" blank. Is there anything I can do about that since it is not the rental amount I'd dispute but the fake tenant in between us?

[MikeW]

You might be able to fight the increase retroactively. But it's definitly time go get a lawyer.

[Phil Cohen]

My understanding is that you can only go back three years. Check that out and ascertain if I am right (am pretty sure). If so, then you would not be able to pursue the overcharge. No way whatsoever.

[mjr203]

Originally posted by Phil:
My understanding is that you can only go back three years. Check that out and ascertain if I am right (am pretty sure). If so, then you would not be able to pursue the overcharge. No way whatsoever.

it's 4 years

"A tenant's complaint must be filed with DHCR within four years of the first overcharge alleged. A tenant's failure to comply with the time limit for filing an overcharge complaint will result in the tenant's inability to challenge the lawfulness of the rent."

<small>[ August 06, 2002, 05:13 PM: Message edited by: pointerout ]</small>

[Cranky Tenant]

Looking at the DHCR rent overcharge complaint form, RA-89, it says the complaint must be based on rental events that occurred during the past four years, and they require you to fill out a rent history for that period.

So if the landlord overcharged you five years ago, and has been raising the rent within the normal amount ever since, it doesn't look like you have a claim.

[briankeane]

Thanks for the help everybody...

I understand I can't go back more than four years to file with the Dept of Housing for a normal illegal rent increase -- I'm not intersted in doing that. What I'm wondering is if I can report the other actions, namely:

1) the landlord filed a fake tenant with the city supposedly living there after I began paying rent, and
2) Filled out the lease-rider on the original lease for a non-rent stabilized apartment even though the apartment IS rent-stabilized so we would have no reason to look into the history

I'm not trying to get my money back, I just don't want my landlord to be rewarded for committing fraud -- I want to report it to somebody if it's an actionable offense. I think I'm going to go speak with a lawyer. Thanks for the help. Please keep replying if you have any more helpful information -- I appreciate it.