TenantNet Forum

Where tenants can seek help and help others



Rent Registration is incorrect - what do I do as a tenant ?

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

Moderator: TenantNet

Rent Registration is incorrect - what do I do as a tenant ?

Postby Drifter666 » Fri Mar 08, 2019 9:09 pm

My rent stabilized apartment had not been registered by my landlord for over 2 years. This past July is was incorrectly updated (falsified ?) by my landlord. He did NOT send me a copy. I made a request via DCHR's website and had it mailed to me.

My leases have never mentioned preferential rent. I do not understand how my ‘Legal Regulated Rent’ could have more than doubled from 2016 to 2017. I was not aware of any changes, or improvements in my building and I received no notice or paperwork about any changes. I am very afraid that my landlord will use this registration to try to increase my rent beyond a few percentage points or try to force me out of my apartment. My lease does not mention any preferential rent. My lease and the incorrect rent registration documents confirm I AM rent stabilized/

I do not want to tell or confront the landlord and would prefer to file an action or complaint with DCHR but am unsure which form or forum to use.

I have also never received the required rent stabilized rider with my renewal leases.

Can anyone provide advice on how to proceed about the false rent registration and getting it corrected as well as DCHR investigating ?

Any input would be appreciated.
Drifter666
 
Posts: 2
Joined: Fri Mar 08, 2019 8:58 pm

Re: Rent Registration is incorrect - what do I do as a tenan

Postby TenantNet » Sat Mar 09, 2019 12:13 am

This has to do with registrations, not leases, correct? If the latter, the rules might be different. First see DHCR's registration rules - see Fact Sheet No. 1 page 2-3:
http://www.nyshcr.org/Rent/FactSheets/
http://www.nyshcr.org/Rent/FactSheets/orafac1.pdf

But also dig around as you will find other rules, such as:
http://www.nyshcr.org/Apps/RentReg/Rest ... dments.pdf

So ever year for RS units, by July 31, LLs must register with DHCR showing the rents as they existed on April 1 of that year, also any changes in the lease, increases due to RGB, MCI, etc. They must also send you a copy.

Pay attention to the rule that no increases can be had during periods of no or false registration. Do your renewal leases also reflect this scam?

Of course many LLs fail to register hoping tenants won't notice.

Preferential rent must be indicated on your initial lease and all renewal leases (including a rider as applicable). See the DHCR Fact Sheet on Preferential Rents. If your initial lease did not have a Pref Rent rider, then you don't have it. The LL might be trying to illegally backdate a PR.

Or maybe the LL is just trying to pull a fast one.

You could go to either the courts or DHCR. DHCR is seen as LL friendly, but with the courts, it really depends on which judge you get, and would likely cost you a lot more, especially if you have a lawyer.

I would normally caution against using DHCR, but I have had two successive decisions in my favor regarding the LL playing games with leases. If you do choose to file a complaint with DHCR, I would at a minimum get a consultation with a tenant attorney. Show him/her all the documents and they can clarify the issues and explain what you might need to obtain before you file with DHCR.

Regarding the DHCR informational rider, well it is required by law, but to be honest, I've never seen a case turn on it not being provided.

For lease violations, go to https://rent.hcr.ny.gov/RentConnect/Ten ... onOverview
or file form RA-90 - http://www.nyshcr.org/Forms/Rent/ra90.pdf

For overcharges, go to https://rent.hcr.ny.gov/RentConnect/Ten ... geOverview
or file form RA-89 - http://www.nyshcr.org/Forms/Rent/ra89.pdf

Either of these overlap with registration issues; they deal with lease or overcharge. You can call DHCR at 718-739-6400 to see which one they recommend.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9262
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent Registration is incorrect - what do I do as a tenan

Postby kfgreenpoint » Thu Jan 02, 2020 2:52 pm

I am going through a similar issue. Have you made any progress on this?

I am in a rent stabilized lease and requested my rent history from DHCR. When the current owner bought the building, they found out that past ownership was not registering correctly with DHCR. They retroactively filed rents but it seems that the rents are far above where they should be given the lack of correct filing. I would prefer to settle this with the landlord outside of courts. Any recommendations?

@TenantNet - I am interested your post above where you say "Pay attention to the rule that no increases can be had during periods of no or false registration." Where can I find this rule?
kfgreenpoint
 
Posts: 1
Joined: Thu Jan 02, 2020 2:46 pm

Re: Rent Registration is incorrect - what do I do as a tenan

Postby Drifter666 » Thu Jan 02, 2020 3:13 pm

I filed for RA89 from NYC DCHR (google it) last April.
It is still waiting to be assigned. I'm told things move VERY slowly.
If it come time to renew your lease and the amounts are wrong you can fight it.
Drifter666
 
Posts: 2
Joined: Fri Mar 08, 2019 8:58 pm

Re: Rent Registration is incorrect - what do I do as a tenan

Postby TenantNet » Fri Jan 03, 2020 7:16 pm

Drifter, yes things go slowly at DHCR. Use this tool to see actual status.

First, I would check to see if anything with your issue is impacted by the HSTPA - the new rent laws. If so, you should bring it to DHCR's attention. Look at these documents for information on HSTPA.

Not having re-read the previous posts from last year, I don't know if RA-89 is the correct form. That's for overcharge. Did you actually pay an overcharge, or just contesting what the LL is demanding? Now, DHCR is supposed to recognize the two and change it to the proper type of complaint, but they don't always do that. Did you call DHCR and describe the situation to their hot line, and ask what type of complaint you should file?

I would consider a lease violation complaint, or both. If you do file a separate complaint, make sure you tell DHCR you have already filed an overcharge complaint, so as not to surprise them.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9262
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent Registration is incorrect - what do I do as a tenan

Postby TenantNet » Fri Jan 03, 2020 7:32 pm

Kfgreenpoint

Yes, AFAIK LL's are able to register retroactively.

As you don't give us any information, we can't comment on the rent levels the new owner is seeking. You should file a complaint with DHCR challenging whatever they are seeking. In general, they can't go back and add on fees that the old landlord might have waived.

As to the rule that freezes increases during false registration, that is in the Rent Stab. Code, but I would poke around the DHCR web site -- fact sheets, policy statements, etc. I know it's in there, just don't have the time right now to look it up. :(
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9262
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: No registered users and 5 guests