Thursday, February 7, 2019

Market-Rate Tenants have new chance to get back into stabilization

New court decisions mean you might be able to get back into rent stabilization

Some things have change that could make it easier for you to get your apartment back into rent stabilization - even if it's been market-rate for over 4 years.  

1.      There is a new on-line portal, NYS Rent Connect  (https://rent.hcr.ny.gov/RentConnect/Welcome) for easily getting your apartment’s rent history.

2.      Two recent court decisions have found that Stellar wildly exaggerated its costs for renovating and reconfiguring its apartments, so the costs may not have been enough to legally take the apartment out of rent regulation​.  The earlier decision is Rossman v. Windermere by a mid-level state court.  The newer decision is 
Amwest Realty Associates LLC v. Michael Sargeant and Jonathan Saballos, 171 W. 81st St.​  The building manager was the same as ours: Niti Jakupaj. ​
3.      The most recent court decision found that Stellar intentionally inflat​ed its costs so the court awarded the tenants triple damages.  An intentional inflation of costs could be fraud.  Where there is fraud, you can get around the 4-year statute of limitations for getting an apartment back into rent regulation.

​If you're interested in pursuing this after getting your apartment’s rent history, please contact our tenant association email (CPG Ten Ass {a  t] gmail  dot com) to be put in touch with other tenants with the same goal.  You might be able to share a lawyer and an engineer to cut costs.