Proof of Stabilization/Destabilization

[Lunap]

I'm currently caught up in a nasty court case over the issue of whether or not my Pre-war NYC apartment is destabilized.

Does anyone know the proper pieces of documentation a landlord must provide to the housing court to prove that the apartment is destabilized?

I know the stabilization requirements but how do I prove the status of my apartment in a court of law?

Any help is appreciated.

-Jeff

[chelsea]

What reason is your landlord giving for why it is NOT subject to rent stabilization?

[Lunap]

My lease has expired and he has denied me a new one on the grounds that the apartment isn't stabilized. But I have a lease from 4 years ago that states that the apartment is stabilized.

Thanks.

[consigliere]

Do you have a lawyer?

The housing court petition is supposed to state the rent regulatory status of the apartment and give the reason for the apartment not being regulated.

Don't let the landlord shift the burden of proof to you. If the petition isn't clear why the apartment is allegedly deregulated, bring a motion for summary judgment to dismiss the petition.
.

[Lunap]

He contends that it is destabilized due to a renovation done in 1983. But can't offer much evidence to substantiate the claim. Furthermore, the alleged reno was done by a previous owner. When looking up the building status on DHCR's website, there is no registration or waiver number for destabilization.

With this additional information what evidence must he provide to prove the status of the building?

Thanks for your help.

BTW, Can anyone recommend a lawyer?

[chelsea]

Consigliere's advice is good. The burden is on the landlord to show that a building is no longer subject to rent stabilization. See the thread "dealing with a gut renovation" (directly below your original post on the list) for some information on what the landlord would have to show -- that the building was 80 percent vacant when the renovation took place, that the units were not vacated by harassment, that 75 percent of the building systems were replaced, that proper certificates of occupancy and building permits were obtained, that the work was NOT done with a J-51 tax exemption.

Sounds as if you have a pretty good case if your original lease said it was rent stabilized.

On lawyers, you should call two or three -- the one that advertise on tenant.net are a good place to start. Make sure it's an experienced tenant lawyer and that the lawyer has experience with substantial rehabilitation cases.

You should also get a rent history to see if you've been overcharged within the past four years.