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no longer rent stabilized b/c 421-a tax abatement

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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no longer rent stabilized b/c 421-a tax abatement

Postby EVvillager » Sun Jul 08, 2018 4:24 pm

I received a letter stating that I would no longer be rent stabilized because my building received a 421-a tax abatement that expired in 2009. They said that because I moved "into the building after 2009" I do not qualify for rent stabilization. I moved into the building in 2006, however. When I moved into the building I did not sign a lease. My friend signed the lease for the apartment in 2007 and although we lived together for years, I did not join his lease until 2010. A new lease was not drawn up in 2010; I joined the existing lease that had originally been drawn in 2007. Could anyone provide inside as to weather I have a case here?
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Re: no longer rent stabilized b/c 421-a tax abatement

Postby TenantNet » Sun Jul 08, 2018 4:39 pm

Your rights as a tenant start when you get on a lease, in this case 2010. When you were a roommate, you didn't have tenancy rights. But if your roommate is still there and still on the lease, there might be an argument to be had.

However, it's generally seen that when a new person comes on to a RS lease, the lease continuity ends and a new one starts. That allows LLs to add a vacancy and IAI increases when new tenants join old continuing tenants (and an argument why it makes sense to continue as a roommate).

The opposite is different ... when there are 2+ people on the lease, if one leaves, the remaining tenant still has lease continuity, and the LL cannot add a vacancy increase.

In terms of whatever right you might have with the 421-a situation, I'd recommend you speak with a tenant attorney who has experience with 421-a. Some don't so shop around until you find one that does. (we have some tenant attorneys who advertise on this site).

I also wonder about the nine-year time it took the LL to send you the letter. Perhaps a waiver could be argued.
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Re: no longer rent stabilized b/c 421-a tax abatement

Postby EVvillager » Sun Jul 08, 2018 6:00 pm

thank you so much for your help. yes, I was wondering about the 9 year lapse as well..
.
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