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Rent Stabilization > Rent Stabilization ppt > Flashcards

Rent Stabilization ppt Flashcards

1
Q

Rent Stabilization

NYC Rent Stabilization Law (NYC Admin. Code 26-501 et seq.); rent stabilization administered by ____, which promulgated the Rent Stabilization Code (“RSC;” 9 NYCRR 2520 et seq.); regulations interpreting the RSL

A

NYS Department of Housing and Community Renewal (DHCR)

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2
Q

What apartments are rent stabilized?

A
  • Six or more dwelling units
  • Completed before 1974; or, tax-credit program could bring the building within a stabilization scheme
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3
Q

What undoes the rent stabilization exemptions for cooperative/condominiums?

A

Unit occupied by rent-stabilized tenant living in apartment before building became co-op or condo

If co-op dissolved or foreclosed, all apartments will, once again, become rent-stabilized

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4
Q

What are the rent-stabilization protections?

A

Limits on rent increases

Guaranteed lease term

Mandatory lease renewals

For-cause evictions

Succession

Guaranteed continuation of services

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5
Q

The initial legal regulated rent is ___.

Landlord is entitled to raise the legal rent by a set percentage upon lease renewal; the increases are set by the ___.

A

legal rent when an apartment first becomes subject to rent-stabilization

local rent guidelines board

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6
Q

IAIs, or ______, may allow landlord to obtain rent increases to defray costs of the improvements.

The amount of an IAI increase depends on ____, and _____.

A

Individual Apartment Improvements

when the increase occurred

how many units are in the building

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7
Q

As of 2019, landlords may only claim a total IAI cost of _____, may only obtain ____ IAI increases in 15 years, and the increase lasts ____.

A

$15,000
Three
30 years

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8
Q

Investigating IAIs

Considerations?

A
  1. Was the claimed work really done?
  2. Was the work an improvement?
  3. Who did the work?
  4. Was the apartment vacant at the time of the work?
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9
Q

Investigating IAIs

  1. Was the claimed work really done?
  • is there a lack of ____.
  1. Was the work an improvement?
    - IAI work must be an ____, not a _____
  2. Who did the work?
    - Landlords not entitled to defray IAI costs where work performed _____
  • Did someone ____ do the alleged work?
  1. Was the apartment vacant at the time of the work?
  • If there was a tenant in the apartment, landlord must show _____ to IAI
A
  • contemporaneous documentation
  • improvement; necessary repair

performed by employee within scope of employment–only labor costs

associated with landlord

written consent

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10
Q

Major Capital Improvements (MCIs)

Increases for _____.

A

major capital improvements to common areas; require DCHR order, allows tenants to respond

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11
Q

For all leases in effect on or after June 14, 2019, preferential rents are permanent for ___ ; landlord may charge full legal rent after vacancy

A

duration of tenancy

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12
Q

Rent Increase Exemptions:

Programs which freeze tenant’s rent; city compensates landlord for any increases through tax credits

  • _______ (SCRIE), 62 +
  • ______ (DRIE), tenants with broad range of disabilities
A

Senior Citizen Rent Increase Exemption

Disability Rent Increase Exemption

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13
Q

Rent Registration

Landlords required to ______ with DCHR.

Failure to register or intentionally falsify rent registry results in _____ until proper compliance

Tenant may request rent registration histories from DCHR

A
  • annually register rent charged for every rent-regulated apartment
  • freeze at last registered rent
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14
Q

RSL requires lease renewals ____.

Landlord’s failure to renew: old lease continues until _____ is offered; no rent increases until _____.

Tenant’s failure to respond to renewal offer, landlord may commence _____:
- tenant not required to sign if _____ or changes to _____.

A

one or two year terms

new lease offered

new lease offered

holdover proceeding

unlawful rent

material lease terms

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15
Q

Landlord may only refuse to renew rent-stabilized tenant if:

_______

; or
- totality of circumstances test
owner intends, ______, to _______.

A

non-primary residence

in good faith

to use apartment for personal use or use of immediate family

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16
Q

Continuation of Services

Landlords must renew on ______, unless permission to modify granted by DHCR

Failure to _____ may result in Rent Reduction Order, which _______.

A
  • same terms and conditions

maintain services

lowers and freezes collectible rent until DCHR restores services

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17
Q

Examples of grounds for “for-cause” termination of rent-stabilized lease:

A
  • Nonpayment;
  • Breach of substantial obligation
  • Nuisance
  • Illegal occupancy: apt can’t be occupied
  • Illegal Use
  • refusal of access/refusal to respond to lease renewal
18
Q

Who has jurisdiction to enforce most provisions of RSL?

  • _______;
  • Tenant has ______;

DCHR has ____over:

  • ______;
  • ______;
  • ______.
A

Courts and DCHR have concurrent jurisdiction

exclusive choice of forum

exclusive jurisdiction over

  • Fair market rent appeal
  • Rent reduction/restoration order
  • MCIs
19
Q

Evasion and Illusory Tenancies

Landlords, occasionally tenants, evade rent-stabilization protections through an illusory tenant; can also refer to registering fake tenant to claim undeserved rent increase; subtenant of illusory prime tenant considered ___ tenant, entitled to ___ and to ____.

A

subtenant

actual rent-stabilized

rent-stabilized lease

evict illusory tenant

20
Q

Rent overcharges:

  • collection of rent in ____;
  • landlord required to ___;
  • _____ of overcharge results in _____ for landlord; overcharge ______
  • each collection of excess rent (i.e. each month) is a _____.
A
  • excess of legal regulated rent
  • refund, plus interest

-willful collection

  • treble penalties
  • presumed willful
  • separate overcharge
21
Q

HSTPA Part F amended RSL to allow more vigorous overcharge enforcement:
- allows consideration of ______;
- sets forth clearer method of calculating rents;
- landlords voluntary destruction of records more than four years old ______;
- _____for overcharges and treble penalties.

A
  • any relevant evidence
  • does not limit review of older evidence
  • six year statute of limitations
22
Q

Independent Investigation Tips
- ____ for big projects where landlord claims improvements;
- ______—you can search landlords—repeat players—glean facts, statements, positions

A

Work permits

NYSCEF

23
Q

Landlords almost never reply to counterclaims; if, subsequently, they raise the defense, you can site to the ______ and explain that their ______.

A
  • CPLR
  • general denial resulted in a waiver of all affirmative defenses
24
Q

Section 3018. Responsive pleadings.

Many times, landlord will state apartment is rent stabilized and has been duly registered since 1965, qual cosa cosi. You will want to admit that the apartment is rent stabilized but ____ or state ______…to preserve this issue, if it should arise?

Be ready to respond to claims for use and occupancy in holdover petitions.

?? A lot of times demand for rent owed prior to the proceeding? Why is this not proper?

A

deny claim of due registration

a lack of knowledge sufficient to form a belief

25
Q

RPAPL Sec. 741(a): look for any deficiencies in the petition
Petition must be verified? How do you tell? Notarized? It states VERIFIED

RPAPL Section 741; it’s a curable defect…you can timely raise it and they will later submit a verification; why care about this? But, if they were in court stating we want to go to court right away

Managing Agent needs to be based in New York City to access jurisdiction of housing court.

A
26
Q

Automated City Register System CRIS may yield all sorts of documents regarding what’s been filed with the City clerk—_____—make apartments rent-stabilized—as well as deeds and mortgages.

A
  • regulatory agreement
27
Q

Rent Guidelines Board can help you find the ___.

A

rent guidelines increase

28
Q

Amount of IAI depends on when the increase occurred and the size of the building.

Prior to 2011, ____ of the cost of the IAI

Between 2011 and 2019:
_____ of the cost for buildings with ___ units; and
____ of the cost for buildings with ___ units.

A

1/40

1/40

35 or fewer

1/60

more than 35

29
Q

Re IAI

As of June 14, 2019, landlords may claim

____ of the cost for buildings with ____; and

____ of the cost for buildings with ____

As of 2019, landlords may only claim a total of $15,000 in IAI costs, may only obtain 3 IAI increases in 15 years, and the increase only lasts thirty-years.

A

1/168

35 units or less

1/180

more than 35 units

30
Q

Investigating Claimed IAIs

Was work really done?

Landlords may show you a carbon copy of a check for the work done.’

What is doubtful about this evidence?

A

We cannot say whether the check was cased? A landlord could simply draft a check in their personal checkbook the day you request a copy of it.

31
Q

Registration Apartment Information Form

I = ____

Are they registering improvements?

Compare date registered with date of lease/tenancy.

A

Initial Registration, usually 1984

32
Q

Rent Stabilization: Mandatory Renewal

Prior to the expiration of the lease, the landlord must _____.

A renewal must be offered even if tenant is subject to a warrant of eviction.

Note: sometimes clients call, worried about the landlord’s failure to send renewal lease; reassure them….old terms and conditions simply continue

Of course, tenant’s must respond to offer unless it offers illegal terms; i would sign but for…

A

offer a renewal lease to tenant

33
Q

Grounds to refuse renewal of rent-stabilized apartment

  1. ______;

2.______.

A

non-primary residence

owner’s use

34
Q

RSC: Continuation of Services

RSC requires landlords to maintain _____.

Because landlords must renew leases on same terms and conditions, landlord must continue to _______, unless _______.

Failure to maintain services can result in _______, a DHCR order lowering and freezing the collectible rent until DHCR finds services have been restored.

  • lowers rent to effective rent prior to most recent increase.

Confirm BUT…only DHCR can unfreeze…be wary of landlords who failed to unfreeze the order but complain that they can be expected to live by a twenty year old rent

A

basic building services

provide services previously provided during tenancy

given permission by DHCR to modify the services

Rent Reduction Order

35
Q

Limits on Lease Termination

Landlords only terminate a rent-stabilized tenancy for cause:

  1. _____
  2. ______
  3. ______
  4. ______
  5. _____
  6. ______
A

nonpayment

breach of substantial obligation of tenancy
- not every lease obligation is substantial but MOST substantial obligations must be in a lease

nuisance
- recurring conduct interfering with use and enjoyment of land

occupancy is illegal (apt. cant be occupied)

illegal use

refusal of access/refusal to respond to lease renewal

36
Q
A
37
Q

Succession

When a tenant permanently vacates an apartment or dies, most leases prohibit assignment without landlord’s permission.

RSC provides success rights as a “_______.” Braschi, 74 NY2d 701 (1989)

Succession is ______, regardless of landlord objections.

Succession rights attach upon ______.

A

means of protecting a certain class of occupants from the sudden loss of their homes

mandatory for any qualified occupant (see RSC)

first renewal lease offer after the permanent vacatur or death of the tenant of record

38
Q

Succession - Eligibility

When a tenant of record (TOR) permanently vacates a rent-stabilized apartment, a person meeting the following criteria is entitled to succession:

_______

  • non-traditional family remembers person who can prove, by the totality of the circumstances, “an emotional and financial _____”

3.

A

traditional family members: legally married spouses, parents, children, grandchildren, siblings, in-laws

  • commitment, and interdependence
  1. Co-resided with TOR in apartment
  2. For two years prior to the TOR’s permanent vacatur
    - only one year if successor is over 62 y/o or a person with a disability
39
Q

Succession: Co-residency Issues:

Co-residency not interrupted where the TOR or successor are out of the apartment with ____, such as:

See RSC 2523.5(b)

A

reasonable excuse

military deployment
full time education
hospitalization
employment
incarceration/order of protection

40
Q

Fraud

Some tenants are unaware of succession process, or seek to avoid fight over succession by concealing TOR’s vactur

  • usually by getting TOR to continue signing leases or by signing leases as TOR

Succession deemed waived where ____.

A

concealment causes prejudice to landlord, e.g., by thwarting ability to investigate

41
Q

The authority to preside ov

A

Rent Stabilization (1 decks)

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