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1st rent stabilized tenant

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

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1st rent stabilized tenant

Postby mrwaldonyc » Fri Feb 08, 2019 2:40 pm

previous tenant there for decades, no renovations, apt in damaged as is condition. rest of building largely still rent controlled. Is new rent stabilized rent determined based on other apartments in building or city as a whole?
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Re: 1st rent stabilized tenant

Postby BubbaJoe123 » Fri Feb 08, 2019 4:09 pm

If an apartment was rent-controlled, then, when that tenant leaves, the landlord can ask whatever the market will bear for the apartment. That said, the tenant has the right to file a fair market appeal. For details on the process, see the fact sheet below.

http://www.nyshcr.org/Rent/FactSheets/orafac6.pdf
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Re: 1st rent stabilized tenant

Postby TenantNet » Fri Feb 08, 2019 8:02 pm

Thanks Bubba for posting that. That might be the answer in a nutshell.

In some instances - maybe not here - you get into the "default formula" territory. For an example, see https://www.hmgdjlaw.com/blog/2013/12/j ... mula.shtml

I raise this because I get the feeling the poster isn't clear, or perhaps might not understand the difference between rent stab and rent controlled. It would be extremely rare for the "rest of building" to be RC. The poster doesn't say how many units are in the building, but these days RC units are few and far between. The RC tenants must have lived their since prior to 1971, and are likely pretty elderly.

If a FMRA is the way to go, the tenant can do it his/her self and doesn't need a lawyer. But I would consult with a tenant attorney to clarify that the FMRA is the best way to proceed, and to consider any pitfalls.
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