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Administrative determination

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Administrative determination

Postby queensborough » Wed Nov 16, 2005 10:15 am

Manager told me that he is checking to see if our building is really RS. I didn't say anything. I was able to speak to someone at DHCR,who took the time to talk to me without hanging up on me like they usually do. I explained the situation and he told me to request an administrative determination from DHCR regarding the RS status of our building, so that we (tenants) would have something in writing from DHCR in case we have to go to court. He said to include in my request the year of my first lease, the rent and the owner at that time along with the current rent I pay and the name of the owner, and then to explain the situation with the building. Our situation is this: our building was part of a very large garden apartment complex. According to the Rent Regulation Code (2520) it states that because it "was" part of a multiple family garden type maisonette dwelling complex containing 6 or more housing accomodations, having common facilities such as sewer line, water main or heating plant and operated as a unit under common ownership on the date the building complex first became subject to the RSC, even though C of O's were issued for portions of the complex as one or two family dwellings, it remains covered under rent stabilization. I have copies of the mortgages to this complex going back to the early 1970's which lists all of the addresses in the complex. I was able to get these from ACRIS. Our building is part of Parcel 1 which lists the addresses for all five buildings. I would like to know if we sould ask for the Administrative Determination from DHCR. Would having this determination help us should we have to go to court? This is the 4th owner of our building. The buildings were sold off seperately in 1984/85. According to my conversation with DHCR we are rent stabilized. Wouldn't it be to our benefit to have this in writing from DHCR? (sorry about the long post)

<small>[ December 21, 2005, 01:27 PM: Message edited by: queensborough ]</small>
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Re: Administrative determination

Postby Aubergine » Wed Nov 16, 2005 10:39 am

Seeking an administrative determination from DHCR might be a good idea, or not, but I would strongly recommend hiring a lawyer to handle this. A decision by DHCR on that issue would be binding on a court and subject to challenge only through a PAR and an article 78 proceeding.
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Re: Administrative determination

Postby queensborough » Wed Nov 16, 2005 10:48 am

Isn't the burden of proof (as to our RS status) on the LL? I feel like if we do this, we might hang ourselves. Since the RSC states that we are RS, and so do DHCR records, then maybe we should just let it alone until we really have to do something. I had just never heard of an administrative determination.

<small>[ November 16, 2005, 10:02 AM: Message edited by: queensborough ]</small>
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Re: Administrative determination

Postby Aubergine » Wed Nov 16, 2005 11:04 am

A preliminary step you might take would be to do a FOIL request to DHCR for any and all records relating to the complex. If the agency has previously determined that even one tenant in some building in the complex was covered by RS, that should be helpful at least and possibly preclusive as to the status of your building.
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Re: Administrative determination

Postby queensborough » Wed Nov 16, 2005 11:30 am

I will look into the FOIL request. There are many tenants throughout the complex that are RS as are many of the buildings. Most of us are long time residents. Although some of the buildings were sold off, many remain under one ownership. I have a friend in one building who's LL has not given her a new lease since 1985 when he purchased the building. Since he refuses to give her a lease, she continues to pay her 1985 rent!
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Re: Administrative determination

Postby Aubergine » Wed Nov 16, 2005 11:36 am

You might also look for any court decisions, reported or unreported, in which the RS status of a unit in the complex was a disputed issue. That could involve a lot of work, so you might first want to find out whether DHCR has ever issued an order relating to RS status of units in your building, buildings in the same parcel, or other buildings in the project. I suppose your FOIL request should to include all of the owners' names as well as the various addresses.

When were these buildings constructed? Was any government subsidy involved?
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Re: Administrative determination

Postby queensborough » Wed Nov 16, 2005 11:57 am

The FOIL request form will not allow me to get the information I really need. The only information a tenant can get is a copy of the initial building wide services registration, individual apartment rent history, initial apartment services registration, but I can get a printout of cases for the building. The complex was built between 1947 and 1950 there was no government subsidy.
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Re: Administrative determination

Postby Anna » Wed Nov 16, 2005 11:59 am

queen:
You've asked about horizontal multiple dwelling status before: what did you learn from the reply?

http://www.tenant.net/.WWW/forum/cgi-bin/ultimatebb.cgi?ubb=get_topic;f=3;t=001240

<small>[ November 16, 2005, 11:25 AM: Message edited by: Anna ]</small>
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Re: Administrative determination

Postby queensborough » Wed Nov 16, 2005 1:09 pm

You're right Anna, sorry, but I wanted to know about asking for an Administrative Determination from DHCR. I didn't know what it was and whether or not it would hurt us (tenants). That is the only reason I described our specific situation again.

<small>[ November 16, 2005, 12:35 PM: Message edited by: queensborough ]</small>
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Re: Administrative determination

Postby Anna » Wed Nov 16, 2005 6:44 pm

"The only information a tenant can get is a copy of the initial building wide services registration, individual apartment rent history, initial apartment services registration, but I can get a printout of cases for the building."

NO: any T can get more than that from DHCR: she can get copies of the initial and annual building registrations and ANY case (LL application or T complaint) that involves the whole building/complex such as an MCI application.

In your earlier thread, you said LL tried to remove the bldgs from RS thru 'substantial rehab': you are entitled to see that whole file, if it involved your apt. (If it didn't but did involve a neighbor's apt, have neighbor get the file for you.)
http://www.tenant.net/.WWW/forum/cgi-bin/ultimatebb.cgi?ubb=get_topic;f=3;t=001240

What Ts cannot obtain, even thru FOILs, are applications or complaints that do not effect their individual apts, such as a rent overcharge complaint for another apt.
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Re: Administrative determination

Postby Aubergine » Wed Nov 16, 2005 7:13 pm

DRA orders and PAR decisions are available pursuant to FOIL, no?
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Re: Administrative determination

Postby Anna » Wed Nov 16, 2005 7:24 pm

aubergine: yes, see earlier thread re finding and FOILing DHCR decisions:

http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=3;t=001057

everybody:
Remember to research your LL or bldg or issues on TN
in the DHCR Decisions:
http://tenant.net/.WWW/pars/index.html

and the newer HCDs:
http://tenant.net/Court/Hcourt

and the older HCDs, use google-search box on:
http://tenant.net/

<small>[ November 16, 2005, 06:26 PM: Message edited by: Anna ]</small>
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