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Court Ruling

Started by julia
over 16 years ago
Posts: 2841
Member since: Feb 2007
Discussion about
Just got my lease renewal and they are raising the rent $230 from $2500 to $2730 for a studio/small one bedroom.. I live in a rent stabl bldg., the previous tenant paid $660.00. Any opinions out there on whether I should pursue, via an attorney, if the apartment will be rolled back to rent stablized via the recent court ruling. If I leave, no matter the court ruling they can raise the rent by 17%.
Response by murray888
over 16 years ago
Posts: 130
Member since: Oct 2009

Did you question the rent when you moved in to determine if it had been raised legally?

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Response by West34
over 16 years ago
Posts: 1040
Member since: Mar 2009

Why bother? A friend just rented a nice large 1 br in the east 30s, doorman elevator, for $2100. Call your landlord and ask how's the crack they're smoking. Then inform them that if they lower your rent by $230 you just might consider staying - but only if they say please.

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Response by w67thstreet
over 16 years ago
Posts: 9003
Member since: Dec 2008

Julia!!!!!!!!! Come on now. Did you really just wait till they gave you a renewal notice bf looking at mkt?

I always Have the mind set I'm outta at x. You gotta know your menstral cycle, family bdays,next vacation week and lease renewal at all times. And yes in that order!

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Response by alanhart
over 16 years ago
Posts: 12397
Member since: Feb 2007

I believe you have three years from the time you start your initial lease to challenge an RS overcharge. Unless your building was built after 1974 (and voluntarily opted in to RS), I don't really see how your LL got from $660 to $2,500 legally. I think you need to start the research via NYS DHCR, but keep in mind that they're fairly pro-LL, so don't rely on them for opinion or guidance. Just the facts from the apartment records.

You don't need an atty at this point, just do the research.

Also, I think the court ruling has only to do with LLs who took J-51 tax exemptions (abatements?) and were thus ineligible for destabilization, which doesn't likely apply to your building. But maybe I'm wrong.

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Response by lizyank
over 16 years ago
Posts: 907
Member since: Oct 2006

Alan, if the apartment was completed renovated between the previous tenant and Julia I believe the LL is allowed a one-time exemption to bring it in line with current market rents and then stabilization kicks back in from there. Not saying this is what happened, but it could explain it.

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Response by stevejhx
over 16 years ago
Posts: 12656
Member since: Feb 2008

julia, you can look on nyc finance's website and they will give you a list of buildings that receive the tax break in question. But your landlord is NUTZ. I wouldn't bother, I'd just look elsewhere.

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Response by EZrenter
over 16 years ago
Posts: 106
Member since: Apr 2009

Julia, as others have said: it is time to get while the getting is good. Save the attorney fees for the moving company. Either your landlord or management company hvaae been hitting the pipe big time or they are using the following technique:

The door-in-the-face (DITF) technique is a persuasion method. Compliance with the request of concern is enhanced by first making an extremely large request that the respondent will obviously turn down. The respondent is then more likely to accede to a second, more reasonable request than if this second request were made without the first, extreme request. There is also a feeling of guilt associated with the DITF technique of sequential requests (Cialdini, 2000). A person is also more likely to agree with the second request because they feel guilty for having rejected the first request. A reference point (or framing) construal can also explain this phenomenon, as the initial bad offer sets a reference point from which the second offer looks like an improvement.

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Response by julia
over 16 years ago
Posts: 2841
Member since: Feb 2007

Everyone is right...i just freaked for the moment...but i'm definitely going to move...the heck with the LL..it's not even a doorman bldg.

I want to move to the village.. if anyone knows of something, that would be terrific. My lease is up at the end of the year.

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Response by julia
over 16 years ago
Posts: 2841
Member since: Feb 2007

west67thstreet...i never understand what you're posting but it always brings a smile to my face...

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