Q: Hi, I have a question about rent stabilization, vacancy increases and preferential rents in NYC.
I recently requested my rent history. It tells an interesting story.
No one in my (formerly regulated) unit has paid the “legal rent” since 1993. All tenants have since paid a preferential rent, never more than $1,450. However, despite this, every time a tenant moved out (7 times in the 30 years of rent history I reviewed) the landlord increased the “legal rent” by 18-22%. That “legal rent” - which was really a theoretical amount that no one ever paid, not even close - accrued in the background over time through these vacancy increases, so much so that it went over $2,500 when the tenants prior to me moved out and the unit was exempted from regulation.
Is this legitimate? Based on my understanding of the (old) law, it is. However, it seems sort of crazy, since using this maneuver would basically ensure that any landlord could deregulate any unit given a vacancy every 4-5 years.
A: The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
