possible to raise my rent 31% ? (rent stabilized renewal) (apartments, rent stabilized apartments)

[gen. specific]

My new landlord wants to raise my rent 31%


This is a rent stabilized apartment that I am currently living in. After the last tenants moved out, the landlord at the time gave me a particular rate. At the time of the vacancy he *COULD* have raised the rent 20% based on some rent stabilization guidelines. He did not do this, and I enjoy a rent below what it could have been.

New landlord wants to raise my rent to what it could have been after the previous vacancy.

I do not believe that rent stabilization guidelines allow this, but I would like some clarity on the wording before I talk to my counsel.

Rent stabilized places allow for a renewal increase of 4% for one year and 7% for two year renewals.

Rent stabilized places allow for ~20% increase in rent after a vacancy.


I need clarity on the renewal increase, does the renewal increase mean 4% based on WHATEVER THE CURRENT TENANT IS PAYING

or a 4% increase based on what the rent stabilized place *could be*/could have been before I started renting

[silverbullnyc]

Did your lease come with a rent stabilization rider? Or was the lease a rent stabilized lease?

[Henna]

Interesting question. First, read your entire lease very carefully. Second, have a look at these resources
NYC Rent Guidelines Board

From what I can tell, there are only two types of rs leases: a vacancy lease (where your rent goes up a large amount, like 20%, because you are a new tenant) and a renewal lease. Since you passed the point where you could have been given a vacancy lease and charged the 20%, I think you would have to be offered a renewal lease, and those rates are set as you stated in your OP.

But I don't have any specialized knowledge. I think it's a good idea to talk to your lawyer.

[gen. specific]

Originally Posted by silverbullnyc

Did your lease come with a rent stabilization rider? Or was the lease a rent stabilized lease?

It came with the rider, mandatory thing for rent stabilized apartments

[pureistheword]

I think the vacancy increase is more like 17% (higher if a 2 year lease). He would have been able to increase the legal rent with the new tenant coming in. If he did not, I am not sure he can go back and do that retroactively.
4% is the current renewal rate.
I am not sure if you seperately had been paying a "preferential rent" but they can increase to the full legal rent at renewals

[hilltopjay]

Chances are the legal regulated rent for your apartment is higher than what you were paying. The previous landlords gave you a discounted preferential rent. However, just because the previous landlord gave you a discounted preferential rent, doesn't mean the next landlord has to offer you a discounted preferential rent when your lease expires.

[Satyrical]

Hilltopjay is right. You should check your lease and see if it says preferential rent, they usually lower the rents when the market is low and then when the rental market is better they raise the rents to kick everyone out and have market rate rents.

[bilmin]

Originally Posted by gen. specific

My new landlord wants to raise my rent 31%


This is a rent stabilized apartment that I am currently living in. After the last tenants moved out, the landlord at the time gave me a particular rate. At the time of the vacancy he *COULD* have raised the rent 20% based on some rent stabilization guidelines. He did not do this, and I enjoy a rent below what it could have been.

New landlord wants to raise my rent to what it could have been after the previous vacancy.

I do not believe that rent stabilization guidelines allow this, but I would like some clarity on the wording before I talk to my counsel.

Rent stabilized places allow for a renewal increase of 4% for one year and 7% for two year renewals.

Rent stabilized places allow for ~20% increase in rent after a vacancy.


I need clarity on the renewal increase, does the renewal increase mean 4% based on WHATEVER THE CURRENT TENANT IS PAYING

or a 4% increase based on what the rent stabilized place *could be*/could have been before I started renting

Are you really going to rely on answers from an internet chat room like this on something so important and costly. If yes then you really deserve what ever the landlord can extract from you. You have a lease right ?
Read it from beginning to end and see what you can come up with-- if you think you know then discuss your feelings with the landlord. If you can not agree then you need a lawyer not some yahoos on this forum

[gen. specific]

Originally Posted by bilmin

Are you really going to rely on answers from an internet chat room like this on something so important and costly. If yes then you really deserve what ever the landlord can extract from you. You have a lease right ?
Read it from beginning to end and see what you can come up with-- if you think you know then discuss your feelings with the landlord. If you can not agree then you need a lawyer not some yahoos on this forum

I use internet chat rooms to get a few disparate opinions so I can understand the general perceptions, so that I can talk to my legal counsel more intelligently or understand more about the topics my counsel will probably go over

[gen. specific]

Originally Posted by hilltopjay

Chances are the legal regulated rent for your apartment is higher than what you were paying. The previous landlords gave you a discounted preferential rent. However, just because the previous landlord gave you a discounted preferential rent, doesn't mean the next landlord has to offer you a discounted preferential rent when your lease expires.

yes, this is exactly the situation I explained. When the previous tenant moved out they could have raised the rent 20% at the time, but instead rented it to me at a particular rate (that is lower).

So rent renewal increases are based on what the rent stabilized places value *COULD HAVE BEEN* ? wow, how would any tenant actually know how many vacancies there have been before them. The housing regulations do not explain this at all. Thats kind of the opposite of rent stabilized based on this information.