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I Checked My First Lease & It Says "Stabilized"

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I Checked My First Lease & It Says "Stabilized"

Postby yessss » Thu Jun 20, 2019 1:22 pm

So I was very naive to regulated & non regulated apt laws

recently my LL told me they are increasing the lease $100 which is def way over the % they are allowed to in a rent regulated apt.

Then my friend told me they can raise it to whatever they want because she looked at my lease it it was just a basic lease (un regulated)

Then I went back and checked my original lease that i came into the building with, it was a 2 year and it states clearly in the headline "UNDER THE RTENT STABILIZATION LAW" in the heading. (this was in 2011)

so story is
a few years later the building got sold and the new LL gave me a new lease which apparently is non regulated & now im not sure what the laws are for this..
the building is a 7 family & built in 1992

so where can I figure out what rights i have?
the LL hasn't given me a new lease so Im worried he will kick me out, I really don't know.
Its been 2 months and I have been paying the new price which is $100 over the old lease

thank you for your help, sorry if its a messy explanation
yessss
 
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Re: I Checked My First Lease & It Says "Stabilized"

Postby TenantNet » Thu Jun 20, 2019 3:32 pm

Can you give us more information to all these questions?

Is - or was - the building receiving any tax benefits such as J-51 or 421(a)? Was it a brand new building on 1992, or a gut rehab from an older building?

You say your original lease stated Rent Stabilized. Have you gotten a rent history from DHCR? Did you receive any registrations over the years?

Did any other tenant get RS leases?

Did the LL, at any time, give you increases in accordance with the RGB allowable percentages? Did you get RS renewal leases (form RTP-8)?

Never rely on "a friend" unless they are a tenant attorney. Have you consulted with DHCR, or with a tenant attorney? DHCR hotline is also often unreliable.

That the building was constructed in 1991 is a problem. Most RS units are in buildings built prior to 1974. But some tax benefits might change that.

And I'm not aware of a waiver where a unit is deemed RS just because the LL gave a lease with the words RS on them. Still, it's worth investigating.
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Re: I Checked My First Lease & It Says "Stabilized"

Postby yessss » Thu Jun 20, 2019 5:23 pm

wait so basically, i would have to go to a laywer to figure this out

I might as well wait until he tries to kick me out then, whats the point?
I would have to pay an attorney either way

Is - or was - the building receiving any tax benefits such as J-51 or 421(a)? Was it a brand new building on 1992, or a gut rehab from an older building?
I think brand new, how would i find this out

You say your original lease stated Rent Stabilized. Have you gotten a rent history from DHCR? Did you receive any registrations over the years? NO

Did any other tenant get RS leases?
I dont know, im the only tenant in here since before the sale now

Did the LL, at any time, give you increases in accordance with the RGB allowable percentages? Did you get RS renewal leases (form RTP-8)?
I did not get a renewal but it was raised in accordance

Have you consulted with DHCR, or with a tenant attorney? DHCR hotline is also often unreliable.
Thank you I will call
yessss
 
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Joined: Thu Jun 20, 2019 1:12 pm


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