Rent increase, and what constitutes "apartment"

[J9]

If anyone could point me in the direction of who to call about this, it would be greatly appreciated.

I live in a four apartment house in Queens, and my rent is being increased about 7 or 8%. I have read that rent increases for leased beginning between Oct 02 and Sept 03 can only be 2%, but does that only apply to apartment buildings? I can't seem to find any information about what constitutes an "apartment" and what is a "private residence."

Is this 2% information accurate? And if so, can I bring it to the attention of my landlord?

Thanks in advance.

[J9]

I'm sorry, I guess I'm wondering how I can find out if I'm rent-stabilized or not. This is all new to me -- last year I paid the increase because I didn't think I had a choice, but someone pointed me here this year.

Thanks again.

[jot0n0]

The definition of a rent stabilized apt is the following from DHCR fact sheet below. Also you can go the following website to check if your building is registered as a rent stabilized buildling:

http://www.housingnyc.com/resources/zip.html

Fact Sheet #1: Rent Stabilization

In NYC, rent stabilized apartments are those apartments in buildings of six or more units built between February 1, 1947 and January 1, 1974. Tenants in buildings of six or more units built before February 1, 1947, who moved in after June 30, 1971 are also covered by rent stabilization. A third category of rent stabilized apartments covers buildings with three or more apartments constructed or extensively renovated since 1974 with special tax benefits. Generally, these buildings are stabilized only while the tax benefits continue.

Outside NYC, rent stabilization applies to non-rent-controlled apartments in buildings of six or more units built before January 1, 1974 in the localities that adopted the Emergency Tenant Protection Act (ETPA) in Nassau, Westchester and Rockland counties. Some municipalities limit ETPA to buildings of a specific size, but never fewer than six units. Stabilization also applies to formerly rent controlled apartments located in ETPA localities where the unit was vacated on or after June 30, 1971.

The local Rent Guidelines Boards in NYC and in Nassau, Westchester, and Rockland counties set maximum rates for rent increases once a year which are effective for leases beginning on or after October 1st of each year.

The Rent Regulation Reform Act of 1993 (RRRA) provides for the deregulation of apartments with legal rents of $2,000 or more at any time between July 7, 1993 and October 1, 1993 that were or become vacant on or after July 7, 1993. In New York City, Local Law No. 4 of 1994 further provided for deregulation for apartments with legal rents of $2,000 or more at any time which were or become vacant on or after April 1, 1994. Both the RRRA and Local Law No. 4 in NYC further provide for deregulation of high rent apartments occupied by high income tenants. In New York City, Local Law No. 4 provides for deregulation of apartments whenever the legal rent for those apartments reach $2,000 or more and are occupied by tenants with an income in excess of $250,000 in each of the two successive years prior to the owner's application for deregulation. Outside NYC, the RRRA provides for the deregulation of apartments with legal rents of $2,000 or more on October 1, 1993 which are occupied by tenants who either at that time or at a later date have an income in excess of $250,000 in each of the two years preceding the owner's application. See Operational Bulletin 95-3, "Implementing Rent Regulation Reform Act of 1993 and New York City Local Law 1994, No.4", for more details.

The RRRA of 1997 reduced the income threshold to $175,000 for New York City and New York State effective January 1, 1998.

Like rent control, stabilization provides other protections to tenants besides limitations on rents. Tenants are entitled to receive required services and to have their leases renewed, and may not be evicted except on grounds allowed by law. Leases must be entered into and renewed for one- or two-year terms, at the tenant's choice.

If the tenant's rights are violated, DHCR may reduce rents and impose civil penalties on the owner. Rents may be reduced if services are not maintained. In cases of overcharges, DHCR may assess penalties of interest or, in the case of willful overcharges, treble damages, payable to the tenant.

The Omnibus Housing Act required owners to initially register with DHCR the rent and services for all rent stabilized apartments that were occupied on April 1, 1984 by June 30, 1984. Owners were required to serve a copy of the registration upon tenants, who had 90 days to challenge the information provided by the owner.

For apartments becoming subject to rent stabilization after 1984, owners must initially register all apartments within 90 days after they become subject to rent stabilization. Tenants may file a challenge to the initial registration concerning the rent of formerly rent controlled apartments now becoming subject to rent stabilization for the first time. This challenge is known as a "Fair Market Rent Appeal." For further information, see Fact Sheet #6, "Fair Market Rent Appeals."

Owners are also required to register annually or they may be denied rent increases. Owners must provide tenants with a copy of the annual registration.

For more information or assistance, call the DHCR Rent InfoLine, at (718) 739-6400, or visit your Borough or County Rent Office.

[J9]

Wow! Thank you so much. I'm going to look through this and see what if and how it applies to me.

Again, I really appreicate the link and the info. Have a great day.

[NYCkid]

that list is slightly incomplete. if a landlord did not register the building with the state (there are few penalties for not as long as the tenant doesnt make a case) it will not be on that list and would still be stabilized.

[Chimera]

J9 live in a four unit building in Queens, though. If it isn't on the list, I wouldn't worry too much, because it's highly unlikely to be stabilized. In an unregulated apartment, the landlord may raise your rent as much as he wants, so the 7/8% is acceptable, don't feel bad for paying it.

[NYCkid]

Oh, right. Is it possible for a four unit building to be stabilized? I think alot of small building landlords are going to kill people on increases because of the new property tax. It is fair enough, but it is a shame who Bloomberg's tax will really hurt.

[Chimera]

The rent stabilization fact sheet states: "A third category of rent stabilized apartments covers buildings with three or more apartments constructed or extensively renovated since 1974 with special tax benefits. Generally, these buildings are stabilized only while the tax benefits continue."

It is possible that J9's 4 unit building is regulated, but highly unlikey. Any tax benefits are probably far outweighed by the low rents generated by the stabilized apartments, so I would imagine a 4 unit stabilized building in Queens would be very rare.

As far as the new property taxes, our city is in big financial trouble right now. I certainly don't like it when my expenses go up, but I guess we all have to shoulder some of the burden in tough times. I believe Bloomberg is doing what he thinks he has to do to keep New York going.

[mjr203]

Originally posted by Chimera:

As far as the new property taxes, our city is in big financial trouble right now. I certainly don't like it when my expenses go up, but I guess we all have to shoulder some of the burden in tough times. I believe Bloomberg is doing what he thinks he has to do to keep New York going.

someone has to do something I guess, because Pataki sure as hell has his head in the sand.