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Legal rent increase- am I rent stabilized? — Brooklynian

Legal rent increase- am I rent stabilized?

carmen
carmen
edited November -1 in Park Slope
My lease is up and my landlord is raising my rent- fine, we underpay, we expected it, no big deal.
However- when he sent us a new lease, it had this table on it with something along the lines of

current rent X legal % increase = new rent

the legal % increase was marked at 4%. I thought landlords could increase the rent by whatever they want as long as your lease is up? Does this mean I live in a rent controlled or rent stabilized apartment (more likely I would imagine...) Or is he just being nice? I have googled this and am having a hard time sifting through all of the junk to find what I'm looking for...

Comments

  • lanciano
    lanciano
    A 4% increase would be VERY surprising for a non-stabilized lease in this market. I don't think landlords are EVER that nice, but I'm not sure that is the traditional rent stab increase for 1 yr.

    I don't remember what the 1-yr 2-yr allowed increases are and I don't have time to find the precise link. I think it is here but I'm not sure.
    http://www.dhcr.state.ny.us/ora/pubs/orafac.htm

    If you are rent stabilized, your lease should have something on the header that says something official. It typically is not one of those leases that gets ripped out of a pad you buy at Staples.
  • lydiabrunch
    lydiabrunch
    Unless you or a member of your family have been living in the apartment since 1969, you are not in a rent-controlled apartment. But it sounds like you're in a rent-stabilized one.

    I think that usually the lease will have something like "New York State Division of Housing and Community Renewal - DHCR" as part of the header if it's rent-stabilized. It has for me, anyway.
  • carmen
    carmen
    Hmm I'll have to take a look at it. I'm not at home now but I'll definitely take a peek- its amazing, a 3br, 1000 sq foot apt and our rent will be 1410 after increase. Its definitely NOT in park slope, though (before I get flamed for being in the PS board, I used to live here and will be moving back shortly...)
  • benzapp
    benzapp
    Carmen wrote: Hmm I'll have to take a look at it. I'm not at home now but I'll definitely take a peek- its amazing, a 3br, 1000 sq foot apt and our rent will be 1410 after increase. Its definitely NOT in park slope, though (before I get flamed for being in the PS board, I used to live here and will be moving back shortly...)
    If it is a large 3-bedroom apartment, there is a high probability it is located in a smaller building. Most such apartments in Park Slope, or adjacent neighborhoods, will be located in converted townhouses, ie flat style. If that's the case, you're place is definitely not rent stabilized.

    Rent Stabilization only applies to apartment buildings with 5 or more units constructed before 1973. Also, if your rent was over $2,000 a month, the apartment would cease being rent stabilized. Finally, if the aggregate household income of your apartment exceeds $150,000 per year, you are not eligible for rent stabilization protection.

    You can go to the Rent Guidelines Board website and download the list of rent stabilized buildings.
  • lanciano
    lanciano
    benzapp wrote: You can go to the Rent Guidelines Board website and download the list of rent stabilized buildings.
    Here is a list of Rest Stab bldgs in Brooklyn. It's not pretty to look at but hopefully you'll be able to Ctrl+F to the right spot pretty easily.

    http://www.housingnyc.com/downloads/resources/sta_bldngs/brooklyn.pdf
  • longtimesloper
    longtimesloper
    Wow, interesting list. it was was intriguing to see what buildings around me are, or still have, rent stabilized apartments in them.
  • filmlover44
    filmlover44
    lanciano wrote: [quote=benzapp] You can go to the Rent Guidelines Board website and download the list of rent stabilized buildings.
    Here is a list of Rest Stab bldgs in Brooklyn. It's not pretty to look at but hopefully you'll be able to Ctrl+F to the right spot pretty easily.

    http://www.housingnyc.com/downloads/resources/sta_bldngs/brooklyn.pdf

    That's odd. My building is on the list. My rent is below 2k but there is nothing on my lease indicating that it is rent stabilized...
  • mr. met
    mr. met
    my building isn't on the list but my lease says my apartment is rent stabilized
  • benzapp
    benzapp
    That's odd. My building is on the list. My rent is below 2k but there is nothing on my lease indicating that it is rent stabilized...
    Was your unit in the building prior to 1973?

    Let's say you live in a ground floor apartment where a retail shop was in 1973. If they shut down the store and converted it to an apartment in 1980, your unit would not be stabilized. The same rule applies regarding income. If you applied for the apartment and submitted tax records indicating you make more than $150,000 a year, the landlord does not have to provide you with a rent stabilized lease.
  • benzapp
    benzapp
    mr. met wrote: my building isn't on the list but my lease says my apartment is rent stabilized
    If it's a new apartment built with the 421(a) tax abatement or renovated with a J-51 abatement or exemption, it won't appear.

    Such properties are required to abide by the rent stabilization guidelines as long as the tax benefits are in place. Once they expire however, the building ceases being stabilized and when existing tenants move out the unit goes to market.
  • mr. met
    mr. met
    im guessing my apartment was renovated.

    how long does it take for the tax benefits to expire? you have me a little worried now.

    by the way, thanks for the useful information.
  • daver
    daver
    mr. met wrote: im guessing my apartment was renovated.

    how long does it take for the tax benefits to expire? you have me a little worried now.

    by the way, thanks for the useful information.
    You can check on J51 here:
    http://webapps.nyc.gov:8084/cics/cwba/dfhwbtta/abhq

    I think the expiration is variable, and it can be up to twenty years.
  • filmlover44
    filmlover44
    benzapp wrote:
    That's odd. My building is on the list. My rent is below 2k but there is nothing on my lease indicating that it is rent stabilized...
    Was your unit in the building prior to 1973?

    Let's say you live in a ground floor apartment where a retail shop was in 1973. If they shut down the store and converted it to an apartment in 1980, your unit would not be stabilized. The same rule applies regarding income. If you applied for the apartment and submitted tax records indicating you make more than $150,000 a year, the landlord does not have to provide you with a rent stabilized lease.
    Yeah, it was here before 1973, ground floor (standard south slope floor through) and I doubt that it was ever a store. I definitely did not provide tax records indicating that I make more than 150,000 a year.
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