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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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My daughter just received a letter from her landlord that

Customer Question

Hello ....My daughter just received a letter from her landlord that her lease is up for renewal and that her apartment is not rent stabilized which is contrary to what she was told. The apartment is a complex in Briarwood/Jamaica in NYC.
However when i go on the internet and look at the "NYC Rent Guidelines Board" which has a list of all NYC buildings that are rent stabilized .....her building is on that list.
Obviously I'm now entering into the very murky world of NYC Rent Control and Rent Stabilization rules and laws .....and so i'm looking for help from you. Thanks! Joe
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 6 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If the building is listed as one of the buildings that is rent stabilized, then the landlord must abide by the rent stabilization code as far as any increases in the rent payment.

The following is a link to the statutes related to rent increases: http://www.tenant.net/Rent_Laws/rsc/rsc2522.html

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 6 months ago.
I am a little confused as this is a large corporation that owns multiple apartment houses and i'm not sure why they would tell me that. .........are there exceptions in a "stabilized listed" building such as the amount of rent she is paying. In other words if she's paying a certain rent ....is that apartment exempt.
Expert:  MIAMILAW1127 replied 6 months ago.

They could be mistaken or they could simply be trying to take advantage of the situation.

The following link discusses preferential rent and payment of rent higher than what is allowed. I believe this should answer your question.

http://www.lawhelpny.org/files/B23B29BF-0DED-F7B9-2149-1DB14E1A7DE5/attachments/624392F1-A1E4-FA60-DFD3-E7E8DC1E22D2/224351Preferential%20Rent%20Fact%20Sheet.pdf

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