I live in a rent stabilized apartment. One and a half years ago I got a rent reduction order from DHCR which states:
DETERMINATION: The legal regulated rent is reduced to the level in effect prior to the most recent guidelines increase for the tenant's lease which commenced before the effective date of this order.
EFFECTIVE DATE: 8/01/2015
My previous leases were 8/01/2011 - 7/31/2013
8/01/2013 - 7/31/2015
As I understood the wording above, this would mean that my rent has to be what it was on 8/01/2011, yet the landlord says it should be what it was on 8/01/2013.
I think I'm right as if you were to read the determination starting with the word BEFORE, it becomes clear that we have to first look at the lease that commenced on 8/01/2013, as that is the lease that commenced before the effective date of the order.
BUT, we now have to pay attention to the wording starting with the word PRIOR, and immediately realize that we have to go to the lease that commenced on 8/01/2011.
So who is right? I'm certain i am. But would like a consensus on this. Spoke with 3 attorneys, and all initially said that it should be what it was on 8/01/2013, but upon me slowly explaining it to them realized that it should be 8/01/2011.
What will the judge decide if we go to trial on this issue?