New York City Rent Guidelines Board Adjustments Order No. 36

Use for rent stabilized leases starting between

October 1, 2004 and September 30, 2005.   

                                                                                                                                               

This rent  guidelines table shows the maximum increases landlords in New York City can legally charge for rent stabilized apartments on all leases commencing in the twelvemonth period beginning October 1, 2004. Increases in rent based on the 1 or 2-year renewal guidelines can be charged only once during the period covered by the guidelines, and must be applied to the legal stabilized rent on September 30, 2004. The above guidelines and vacancy bonuses do not apply to an apartment which was rent controlled on that date. There is no low rent supplement, a.k.a. poor tax, allowed.

Vacancy Leases

In June 1997, Governor George Pataki, as a part of his efforts to destroy rent regulation, forced changes that gave landlords large vacancy bonuses. Provisions of his Rent Regulation Reform Act of 1997 allow the rents of apartments to rise by a statutory percentage: 

Current Rent (rent before vacancy)	One Year Lease	Two Year lease
More than $500 and vacancy in the last 8 years	17%	20%
More than $500 and no vacancy in the last 8 yrs	0.6% times number of years since last vacancy allowance, plus 17%	0.6% times number of years since last vacancy allowance, plus 17%
Less than $300 and vacancy allowance charged in the last 8 yrs	17% plus $100	20% plus $100
Less than $300 and no vacancy allowance charged in the last 8 yrs	0.6% times number of years since last vacancy allowance, plus 17% plus $100	0.6% times number of years since last vacancy allowance, plus 20% plus $100
Rent $300 to $500 and vacancy in last 8 yrs	17% or $100 whichever is greater	20% or $100 whichever is greater
Rent $300 to $500 and no vacancy in last 8 yrs	0.6% times # of yrs since last vacancy, plus 17%, or 100, whichever is greater	0.6% times # of yrs since last vacancy, plus 20%, or 100, whichever is greater

Rent Overcharges

Tenants should be aware that many landlords will exploit the complexities of these guidelines and bonuses, and the tenant's unfamiliarity with the apartment's rent history, to charge an illegal rent. The tenant can choose between filing an overcharge complaint with the Division of Housing and Community Renewal or challenging the rent in Housing Court to get a determination of the legal rent. A prospective tenant who expresses knowledge of their rights will probably not be given a lease to sign. Landlords avoid renting to tenants who may be troublesome. Overcharging is very common. Every tenant should challenge possible overcharge. With DHCR, obtain and fill out Form RA89 to determine the correct rent from official records. Visit your local DHCR office and request a rent history or call DHCR at (718) 7396400 to obtain the rent history or challenge form or go to:

 www.dhcr.state.ny.us

Fair Market Rent Appeal

Another type of overcharge frequently occurs at the time that a previously rent controlled apartment becomes vacant and is re-rented as a stabilized unit. The Rent Guidelines Board annually sets what they call the "Special Fair Market Rent Guideline" that is used by DHCR to lower unfair market rents for tenants who file the Fair Market Rent Appeal (FMRA). (See chart) No stabilized tenant of an apartment that was decontrolled on or after April 1, 1984 should fail to challenge the so called Initial Legal Regulated Rent (market rent) that landlords charge upon decontrol. Use DHCR Form RA89. Indicate clearly that your complaint is both a complaint of "overcharge" and "Fair Market Rent Appeal." The Housing Court cannot determine a Fair Market Rent Appeal. Formerly controlled vacant apartments in buildings converted to coops or condos do not become stabilized and are not eligible for a Fair Market Rent Appeal.

Senior Citizen Rent Increase Exemption

Rent stabilized seniors, 62 years or older, whose disposable annual household income is $24,000 or less and who pay (or face a rent increase that would cause them to pay) one-third or more of that income in rent may be eligible for a Senior Citizen Rent Increase Exemption (SCRIE) if they apply to the NYC Dept of the Aging, SCRIE Unit at 2 Lafayette Street, NY, NY 10007. If an otherwise eligible tenant's current rent level is already above one-third of income, it cannot be rolled back, but future rent increases may be avoided. Obtain the SCRIE application form by calling (212) 442-1000.

Hotels and SROs

The board voted to freeze rents  for Class A apartment hotels, lodging houses, Class B hotels (30 rooms or more), single room occupancy (SROs) hotels, and rooming houses (Class B, 6-29 rooms). No vacancy allowance is permitted. Landlords cannot collect an increase over the rent charged on September 30, 2004 between October 1, 2004 and September 30, 2005.

High-rent, High-income Deregulation

(1) Apartments legally renting for $2,000 or more a month that became vacant from July 7, 1993 through October 1, 1993, or on April 1, 1994 and thereafter are subject to deregulation. (2) The same deregulation applies in the time periods set forth in (1) above to apartments legally renting for $2,000 or more a month without their becoming vacant if the total household income exceeds $175,000 in each of the prior two consecutive years. To be eligible for this second form of deregulation, the landlord must send an income certification form to the tenant between January 1 and May 1 and file it with and get the approval of DHCR.

For previous guidelines call the RGB at 212-385-2934 or go to www.housingnyc.com.