Thursday, February 7, 2019

Market tenants have better chance for re-stabilizing apartments - especially in Stellar buildings

New court decisions mean you might be able to get back into rent stabilization

Some things have change that could make it easier for market tenants to get their apartments back into rent stabilization - even if they've been market-rate for over 4 years.  

1.      There is a new on-line portal, NYS Rent Connect  (https://rent.hcr.ny.gov/RentConnect/Welcome) for easily getting your apartment’s rent history.

2.      Two recent court decisions have found that Stellar Management  wildly exaggerated its costs for renovating and reconfiguring its apartments, so the costs were not enough to legally take the apartment out of rent regulation​.  The earlier decision is Rossman v. Windermere by a mid-level state court, which awarded punitive damages to the tenant.  The newer decision is 
Amwest Realty Associates LLC v. Michael Sargeant and Jonathan Saballos, 171 W. 81st St.​ 

3.      The most recent court decision found that Stellar Management intentionally inflat​ed its costs and awarded the tenants triple damages.  An intentional inflation of costs could be fraud.  Where there is fraud, a tenant can get around the 4-year statute of limitations for getting an apartment back into rent regulation.

​If you're interested in pursuing this after getting your apartment’s rent history, please consult an attorney about this.

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