Stronger law on de-regulating vacant apartments

Attorney David Hershey-Webb wrote in the NY Law Journal (see below):  "The new law provides that a rent stabilized apartment cannot be deregulated unless the prior tenant's legal regulated rent is $2,700."  (That's different from the general landlord practice of taking an apartment whose rent was low and raising the price through real or claimed improvements.)

The new law supports the court decision under the previous law, Altman, decided by NY State's mid-level court.  Landlords have been trying to appeal that case, so far without success.  If the appeal is denied in Altman, the new law will certainly stand!

Key Change in Rent Law Was Overlooked

David Hershey-Webb, New York Law Journal

July 6, 2015    | 0 Comments

In their summary of the new rent laws, "Noteworthy Changes Enacted by the Rent Act of 2015," (NYLJ, July 1), Warren Estis and Jeffrey Turkel missed what is probably one of the most significant changes to rent stabilization almost 20-years. The new law provides that a rent stabilized apartment cannot be deregulated unless the prior tenant's legal regulated rent is $2,700.

The existing law, at least until the recent Appellate Division, First Department Altman decision, which may be appealed, permitted landlords to increase the rent to the deregulation threshold ($2,000 until June 24, 2011, and $2,500 after that date) when an apartment became vacant.

Landlords did this through a combination of vacancy increases and apartment improvements. That approach has resulted in the loss of thousands of rent stabilized apartments and created an incentive for landlords to force tenants whose rents were below $2,000/$2,500 out of their apartments so that they could be deregulated.

This momentous change will hopefully slow the tide of deregulation and lessen the incidents of tenant harassment.

Read more: http://www.newyorklawjournal.com/id=1202731229091/Key-Change-in-Rent-Law-Was-Overlooked#ixzz3lS8V7Jfx