2 rent stabilized apartments

[daryey]

I moved into my rent stabilized apt in 1992 the back aprtment contiguous to mine became vacant in 1995 I took over that lease in 1995 under my wife's maiden name and removed a connecting wall to create in actuality 1 apt but no bldg dept was ever advised nor was the the rent stabilization board notified so that I was getting 2 rent bills every month and 2 leases when renewed every year and we have a seperate utility bill in her maiden name for the second apartment.

now for the question, both leases are now over the $2000 rent stabilized limit yet my income including my wife is less than $175k Does the fact that there are 2 leases remove me from rent stabilization protection? Can the landlord apply to remove the protection? or force the issue to get to market rate?

[Mr Gray]

Hmmm...

I would contact a lawyer but I see some very powerful ammo against you right away.

By not getting permission to take down a wall and making changes to the apartment(s) with your LL he probably has grounds to make you change it back or kick you out. I'm pretty sure it's in every lease (in your case both leases)...that you must get permission to make any changes, add-ons, additions, improvements, etc.

As for having 2 leases...I think it might be treated as 2 seperate cases...at least on paper concerning RS.

Again, I'd contact someone knowledgable about this.

Good luck.

[Cranky Tenant]

If each of the apartments are "around $1000" each, and have individual leases, it doesn't sound like the combination of the two would necessarily qualify for decontrol.

Even so, my LL once took a four room apartment, split it in two, and charged a vacancy increase on each half based on the previous rent for the total space.

I agree with Me Again and Mr Gray that you should consult a lawyer. Your apartments may not become decontroled simply because you've broken down a wall. but you've probably done half of the physical work to help that happen. Not only have you probably violated your lease in the process, but it sounds like you have what could be construed to be two primary residences.

[Lilly]

You don't mention if the LL knows that you and your wife both rent the apartments. Does LL know you removed the wall? As for decontrol, only if your total incomes have surpassed $175k for the past 2 years. As for tyhe wall, if the LL doesn't know or when he finds out, you will have 10 days upon receipt of Notice To Cure to put the wall back up and any other things you did when you removed the walls-return the other apartment to its original condition when you first took over the lease. On the other hand, your position would be that of course the LL knew about the arrangement all along (wink wink)

[daryey]

yes the landlord knew and he removed the wall. my income is arranged so I dont show more than 175k in any 2 connsecutive years. I read somewhere that 2 stabilized apartments if they are both occupied by the primary tennant both units qualify as stabilized units. But since they are both over 2k the income criteria is what the stabilization continues under. Does anyone agree?

[Lilly]

Si!

[Mr Gray]

Since it seems you have a good relationship with your LL...is this something you're just worried about? Or are you just curious?

"Can the landlord apply to remove the protection? or force the issue to get to market rate?" - Quote

This doesn't sound like something your LL plans to do given your history with him/her. Even if it does come off RS in the future...if you've been a good tenent and have paid your rent on time for soooo long...I doubt he'd raise your rent that much each year anyway.

Btw...were these 2 RS apartments originally 1, 2 or 3 bedroom apts? Just curious.