Apt deregulated; landlord refusing to give us a new lease

[nk212]

Apartment was rent stabilized but has been deregulated because of luxury decontrol. Our stabilized lease is up at the end of September. We recently took HP action in order to force landlord to make necessary repairs to our apartment. This has made the landlord very upset and he is refusing to offer us a new lease.

I know that we were entitled to a 1 or 2 year renewal at DHCR approved increases as long as our apartment was rent stabilized. Now that we are no longer rent stabilized, are we still entitled to a new lease (at free market rate)?

I appreciate any advice on this matter. Thanks.

[TenantNet]

Let's back up. The term "luxury decontrol" carries a political meaning, but not so much a legal meaning. There are two types of decontrol:

1. High Income decontrol, based on your income over two years exceeding $175,000 AND if the rent is over $2,000. This must go through a DHCR process and can be appealed, but it can happen in the middle of a lease.

2. High Rent decontrol, based on the rent of the unit being above $2,000. This happens during a vacancy and in many cases is based on landlord fraud.

Which of these two situations occurred? If you were rent stabilized and in occupancy before, the only legal way for this to happen is with a high income decontrol proceeding. Is this what happened?

[nk212]

Option 1, high income decontrol.
I have gone through the decontrol process and it seems legitimate.

[TenantNet]

You seem very accepting of this. So much so that the landlord can put you out whenever they wish, and they are under no obligation to give you any renewal leases. If they do, it can be on whatever terms or rent they want.

[nk212]

TenantNet, when you say "You seem very accepting of this", are you referring to my acceptance of the decontrol offer? It seems we satisfied the requirements of income and rent over a two year period. Are you suggesting that I look to contest the decontrol order?

What I have a problem with, is that the landlord is not offering us a renewal. I'm trying to understand if the landlord has any obligation to offer an existing tenant a free market lease.

[queensborough]

LL has no obligation to renew your lease, once you are no longer stabilized.

[TenantNet]

We answered that above (as did Queensborough).

There was no "decontrol offer," it was an order by DHCR. If you had looked into it, you might have discovered some detail that might have saved your home. If you're within the time to appeal, I would at least have an expert look over what has occurred so far. Was the rent over $2,000? How did it get so high? Did it get there legally? Perhaps you're within four years of some even that raised the rent over $2,000, and for which you can contest. In a few cases, the 4-year SOL has been pierced, so if the deregulation order was a result of the rent going up fraudulently, it might be the fruit of the bad apple.

And consider, it not only removes protections for you, but it means yet another affordable unit is removed permanently. It has wider impact than just your tenancy.

And of course the LL is not offering you a renewal. What do you think rent stabilization is all about?

[Landlord's Boy]

Now that we are no longer rent stabilized, are we still entitled to a new lease (at free market rate)?

Yes. File a RA-90.

[TenantNet]

LLB I think you need to explain that.

[Landlord's Boy]

Current law (since 1997) says LL must offer luxury-decontrolled tenant a non-RS lease at "market rent" within a few weeks of the Final Order. Since LL did not do so, OP can file a "Tenant's Complaint of Owner's Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease" complaint (Form RA-90, http://www.dhcr.state.ny.us/Forms/Rent/ra90.pdf plus evidence) with DHCR.