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Am I getting overchaged or what.........

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

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Am I getting overchaged or what.........

Postby Myteefine » Mon Jun 24, 2002 12:25 pm

I have rented an apartment that was rent controlled and the tenant that lived there was paying $500.49 a month. The tenant unfortantly passed and the apartment became vacant for less than a year.

I think during that year they started renovations in the apartment. The kitchen only floors and cabinets still old refridgerator and old gas stove that is not electric. And the whole bathroom. And of course the whole apartment was painted.

I am renting the aprtment for $1250 but that seems like a high jump. I know rent controlled apartments turn to rent stabalized but isn't this a big hike? How much can a landlord increase the rent too after it was a rent controlled? I also saw on the Initial apartment registration that he has the right to rent the apartment for $1440 is this possible? Please someone give me advice is this a high jump? and/or should I put in a complaint. I have been living there for only there 5 months.

WHAT SHOULD I DO?
Thanks :(
Myteefine
 
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Re: Am I getting overchaged or what.........

Postby elgaumer » Mon Jul 15, 2002 4:52 pm

Fair Market Appeal:
Can landlords use this against tenants, too? For example, it doesn't sound to me like 1250 could use that clause because most likely the apartments around this one in question go for that much money... I'm looking for clarification myself on this issue!
elgaumer
 
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Re: Am I getting overchaged or what.........

Postby NYHawk » Mon Jul 15, 2002 7:39 pm

you all missed the key fact stated by the original poster --that he or she has been residing in the apartment for 5 months, which likely implies that he or she had been served with the initial registration when he or she moved in. Remember a tenant has only 90 days after service of an initial registration to file a Fair Market Rent Appeal. Therefore, the original poster's time to challenge his or her initial rent has probably already passed. (The merit of a time-barred challenge is irrelevant.)Also, KH's suggestion that the origianl poster could opt to take the matter to court is wrong. A Fair Market Rent Appeal can only be brought before DHCR. (A rent overcharge complaint can be brought before DHCR or court.)
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Re: Am I getting overchaged or what.........

Postby Myteefine » Tue Jul 16, 2002 3:09 pm

Thanks NYHAWK that is right I am justing asking. I do and I don't want to put in a complaint with DCH (because I am of afraid won't get another lease when it is up) And actually I just wanted to know what counts in raising the rent what would the most percentage the landlord could raise the rent? Can anyone answer that? Thanks :roll:
Myteefine
 
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Location: Brooklyn NY

Re: Am I getting overchaged or what.........

Postby rickgurri » Wed Jul 17, 2002 1:32 pm

if they were sleezy they would have raised it to over $2000 and thus destabilize the apt. i would trust that your rent is legal.
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