In June 2010 I signed a least. The rent was listed as $2100/mo. I negotiated $2000/mo. The lease at signing showed a monthly of $2300. When I asked the management company about the $300 difference they said I was given "rent forgiveness" (their words) meaning the original lease amount was $2300 and they agreed to rent it for $2000 instead. In 2011 when it was time to renew my lease the amount showed the monthly increase based off $2300. I called the management co and the owners approved "forgiveness" for another year. Just got renewal and monthly increased based off $2300 again. Management co. said owners did not approve "forgiveness" for another year. New rent amt shows 2439.94. Can owners legally take "rent forgiveness" away all at once? I assume it is but thought I would ask.
Is the apartment subject to rent stabilization or rent control?
Please note that this is a general answer, intended only to point you in the right direction. You should consult with me directly to discuss the particular facts of your situation. You should not interpret this answer as the formation of an attorney-client relationship, but please do contact me at (347)772-2374 if you have any further questions. Thank you!
Perhaps I might help.
If you suspect that the apartment was Rent Stabilized before you became a tenant, you may visit the office of the DHCR (Department of Homes and Community Renewal at:
Lower Manhattan Borough Rent Office
25 Beaver Street, 5th Floor
New York, New York 10004
Upper Manhattan Borough Rent Office
Adam Clayton Powell, Jr. Office Building
163 West 125th St, 5th Floor
New York, New York 10027
If you were not provided a lease for a Rent Stabilized apartment and Rent Stabilization rider with your lease when your became a tenant in 2010, it is likely that you are not a Rent Stabilized tenant and your apartment is not Rent Stabilized. Rent Stabilization does not apply to new tenants where the initial rent is at $2000 or more per month (unless the building and the apartment are subject to Rent Stabilization due to a tax abatement participation program such as J-51.)
In 2010 if your "preferential rent" was $2000 that would have supported a claim by the owner that the apartment and the rent are deregulated and no longer subject to Rent Stabilization.
If your apartment is not Rent Stabilized, there is no requirement for an owner to perpetuate a preferential rent, unless the lease requires that successive lease renewal be upon the rent actually paid and not the rent amount stated in the lease.
Effective June 24, 2011, the new high rent upon a vacancy provision became law and the deregulation threshold of an apartment upon vacancy occurs where the legal regulated rent reached $2,500 per month. When you rented your apartment, the deregulation threshold upon a vacancy was $2,000 per month.
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The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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