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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102145
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Good Morning: I recently inherited a 6 family apartment building

Customer Question

Good Morning: I recently inherited a 6 family apartment building (rent controlled) in downtown Jersey City so I have read with great interest the answers to inquiries presented to you concerning a similar building.
In my case 2 apartments have been empty for nearly 20 years my uncle and I used them for it would be interesting to know what the maximum rent would be when I do rent them out. I also have heard but not confirmed that you can transform a 6 family out of rent control by simply eliminating two bathroom and 2 kitchens and joining the apartments to make 2 larger units with one kichten and bath each which would technically make your building a 4 family and therefore out of rent control is this possible? Thank you! Tom
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. 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. Rent control applies to the raising of rent, not of coming up with the rent amount. This means that one can rent the property out for anything they want. It is the increase in rent at the end of a lease that is affected by rent control. Ergo, the initial rent amount is completely dependent on the market and you. As for transforming the building to get out of rent control - in general, all apartment buildings with 5 or more units are rent controlled. There are some exceptions, including:Low rent public housing developmentsUnits where rent is determined as a factor of incomeUnits receiving state or federal subsidies directly to the owner and where federal preemption from local rent control is ordered by the United States Department of Housing and Urban Development pursuant to federal law or regulationLicensed hotels or motels and commercial and industrial spaceNewly constructed dwellings with 25 or more dwelling units located within a redevelopment areaAnyhow, what you are proposing is having under 5 spaces, thus not having it come under rent control. This is possible, but can only be done if permits are received for the modification, the modification is done, and the modification is updated with the records. I hope this helps and clarifies. 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. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.