TenantNet Forum

Where tenants can seek help and help others



Reclassifying an apartment as RS after 4 years

Rights for non-regulated tenants

Moderator: TenantNet

Reclassifying an apartment as RS after 4 years

Postby JingoFresh » Wed Aug 20, 2014 6:17 pm

I would like to know if it is possible to get an apartment reclassified as RS if more than 4 years have passed since it was exempt.

My apartment was RS for 4 years, ending in 2009 according to rent history obtained from DHCR. The owner filed that this was exempt due to substantive rehabilitation in 2009, however I have collected evidence that I think shows this to be false, or at least does not meet the DHCR definition.

I am writing a letter to DHCR asking for an administrative decision as well as filing an over charge complain, with plenty of photos and evidence to support my case.

Since it is more than 4 years, I would like to know if I am wasting my time or not.
JingoFresh
 
Posts: 59
Joined: Fri Aug 30, 2013 2:33 pm

Re: Reclassifying an apartment as RS after 4 years

Postby TenantNet » Wed Aug 20, 2014 6:21 pm

Research the Grimm case and cases that followed it. It is possible under certain circumstances.

http://www.courts.state.ny.us/Reporter/ ... _07379.htm

There has been much written about Grimm and various follow-up cases that tend to limit its effect.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9247
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Reclassifying an apartment as RS after 4 years

Postby innocent1997 » Thu Aug 21, 2014 9:51 am

DHCR takes a long time to process any cases. My case was filed 9 months ago and still not even assigned to anyone at DHCR to look at.

However, it can be used as one more defense if you battle it out with landlord in housing court, if necessary.
innocent1997
 
Posts: 57
Joined: Mon Oct 07, 2013 4:58 pm

Re: Reclassifying an apartment as RS after 4 years

Postby TenantNet » Thu Aug 21, 2014 12:11 pm

DHCR has reduced its staff by huge amounts under Cuomo (another reason to not vote for him). I'm dealing with a MCI that was filed by the LL in 2009 and the DRA order came down in Spring of 2014. Five years.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9247
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 1 guest