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  1. #1
    Join Date
    Aug 2012
    Posts
    4

    Exclamation Excessive Rent Increases and New York City Rent Control Laws

    My question involves landlord-tenant law in the State of: New York

    I am a legal successor to a Rent Controlled apartment in NYC determined by the courts and DHCR. The big confusion is how much my legal rent should be. I was paying $200 a month in 2002, prior to new landlord buying the building. New landlord immediately requested $600 a month rent, stating that was the new increase issued by DHCR. At the time, I didn't know what the legal increases were or how it worked. Each year he continued raising my rent until it was increased to $900 a month in 2007. No lease or contract was ever signed starting rent. Once I became aware that he lied to me and never registered my rent controlled apartment with DHCR, I stopped my rent payment. He quickly put in for my eviction due to lack of rent payment and that I was a month-to-month tenant. I countered, that I was a rent controlled tenant and I was seeking rent overcharge. In 2009, judgement was made by the court that I indeed remain under rent control laws but the judge severed the overcharge due to lack of knowledge of MBR and stated this issue would be best served by the DHCR. I went down to DHCR to see if I can file the MBR & was informed that the landlord was the only person who can do so. I tried contacting my landlord via phone and mail for almost 3 years.

    Landlord purposely delayed the process for 3 yrs. so rent would accumulate, finally filing in 2012, Section 2202.22 of the NYC Rent and Eviction Regulations and /or Section 2522.6 of Rent Stabilization Code, to find out the MBR. I received a response from DHCR starting that since no rent history has be found and never filed; that my last paid rent of $900.00 is the legal rent. Immediately after receiving that letter, the next day I received a court order from landlord's attorney for back rent for 6 years (for over $60,000). I am currently in court on that issue.

    What I was wondering... how can a landlord illegal raise and overcharge a rent control tenant higher than the market rate and benefit from it? It took him 3 years to file for the MBR , disregarding the court order. How can he get away with never registering my apartment with DHCR?

    My lawyer informed me that the $900 a month may stand with DHCR because thats the last rent paid....is that true? Is there anything I can do to get my rent lowered back to $200...I do have a signed document from 2002, by my previous landlords and myself starting that my rent was $200 and it was issued to the current landlord prior the the sale of the building. In 2010, my current landlord tried to sure my previous Landlord for fraud for not stating I was rent controlled but did state he was aware of my $200 a month rent. Since my landlord ILLEGALLY AND FRAUDULENTLY charged me a higher rent, can I do anything legally to get my rent re-adjusted?

    Please help! I have a wife and 3 kids...I do not want to be evicted from my home for over 35 years.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Excessive Rent Increases and New York City Rent Control Laws

    It appears your failure to investigate and enforce the rent control has led to an adverse determination. I suggest you investigate an appeal.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Excessive Rent Increases and New York City Rent Control Laws

    How is anybody on the internet supposed to second guess your lawyer?

  4. #4
    Join Date
    Aug 2012
    Posts
    4

    Default Re: Excessive Rent Increases and New York City Rent Control Laws

    I'm not looking for someone to second guess my lawyer. He wasn't really sure what the DHCR will do since Rent Control Laws have a lot of grey areas due to less the 2% of New Yorker have it.

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