LL trying to raise rent before we sign lease

[chickenstu]

My girlfriend and I are looking at rent stabilized apartment for $1300. We paid the application fees, have exemplary credit and the landlord asked and was supplied with our last three paystubs, proof of paying rent last three months, 2001 W-2's, and 2001 Federal tax returns. He then asked to also see our savings and checking statements so he could get an idea of our "assets." After looking all this over (I have $12,000 in my checking account) he decided to raise the rent and is now asking $1400. Is this legal? The apartment is rent stabilized.

[Mr Gray]

You would need to find out what the rent is supposed to be for that apartment. I don't know how you go about doing that if you don't live there already.

I don't see the LL renting you the apartment if you present an "argument" about the "legal" rent before you move in.

If you really want the place, I would sign the lease, find out how much the previous rent was and then you would know if he's overcharging you. Once you know the previous rent...you then have to calculate the "vacancy" increase (20% now?) and then 1/40th of the cost of renovating the place. Was it gut renovated? All new kitchen and bath? Is it a studio or one-bedroom?

Who knows?...the legal rent could be $1400 and he was going to give preferential rent at the time so he could rent it quicker.

Whatever he's doing may or may not be legal but I'm not sure what you can do about it when you don't live there yet.

Did you know LL's have the right to discriminate renting to someone because they think you're ugly? lol

Race, age, occupation, sex are all covered by law...but they can say they just don't like you and not rent to you if they think you'll be a hassle.

If the place is that nice, I'd try to talk to the LL and negotiate the price to $1350 or something...move in and then you'll have loads of time to find out if he's overcharging you.

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Advice only. Take what you want...throw away the rest.

[MikeW]

If the apartment is stabilized, do whatever the LL wants to get the apartment. Once in, then go back, get the records from the DHRC and figure out what the legal rent should be. If the LL is overcharging you, file a overcharge complaint.

This way you can have the apartment and get the legal rent. If you make noise before you have the apartment, the LL can simply not give it to you.