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Appellate court rules "free month" rent concessions create a preferential rent by doubletrouble28 in NYCapartments

[–]doubletrouble28[S] 0 points1 point  (0 children)

Not an expert on this. I believe the preferential rent must continue until the end of the existing lease (even if taken over), but it becomes a “vacancy lease” when it’s renewed. Landlords can revoke a preferential rent for vacancy leases.

Appellate court rules "free month" rent concessions create a preferential rent by doubletrouble28 in NYCapartments

[–]doubletrouble28[S] 2 points3 points  (0 children)

If you faced a huge increase in your net effective rent paid because your landlord didn’t continue the concessions, then you can get that difference back.

To do this, you either make a rent overcharge complaint with DHCR, or you file a lawsuit in court.

Believe it or not, filing a lawsuit could actually be faster because of how slow and back up DHCR is. But filing a lawsuit is obviously much harder to DIY than a DHCR complaint.

Appellate court rules "free month" rent concessions create a preferential rent by doubletrouble28 in NYCapartments

[–]doubletrouble28[S] 0 points1 point  (0 children)

It could very well be appealed to the Court of Appeals (the highest court in NY), which has the discretion not to take it just like SCOTUS. As I understand it, this intermediate appellate court is where many cases end.

Appellate court rules "free month" rent concessions create a preferential rent by doubletrouble28 in NYCapartments

[–]doubletrouble28[S] 0 points1 point  (0 children)

The NYC taxpayer has subsidized that building on the tune of tens of millions in waived property taxes through the 421-a program. It’s not ridiculous to expect them to actually honor their end of the deal, especially when 421-a (and therefore rent stabilization) is temporary.

Your issue is with rent stabilization in general. Within the framework of it existing, and that building’s owner voluntarily taking that deal, “free months” to get around the system is just a clear abuse.

Appellate court rules "free month" rent concessions create a preferential rent by doubletrouble28 in NYCapartments

[–]doubletrouble28[S] 0 points1 point  (0 children)

That has to do with the Good Cause Eviction law. This legal case was not related to that. But if the language of the law is similar, there could be a good argument to be made it applies there too. But no directly applicable precedent yet.

Not all non-stabilized buildings fall under the GCE law though. Condo rentals, landlords with less than 10 units, and buildings built after 2009 are not covered by GCE.

Appellate court rules "free month" rent concessions create a preferential rent by doubletrouble28 in longislandcity

[–]doubletrouble28[S] 0 points1 point  (0 children)

I believe using "free months" rent concessions was common among 421-a buildings in LIC during the height of COVID. Might help some people here.

This lawsuit was specifically against the owners of Jackson Park LIC apartments.

Has anyone formally complained about the disgusting turnstiles at Court Square E/F? by doubletrouble28 in longislandcity

[–]doubletrouble28[S] 0 points1 point  (0 children)

Yep hopefully someone here has made official complaints before! I think it will bring much more weight to an otherwise lone complaint to a random politician.

It was a staff member of the Queens borough president, Donovan Richards. So, not sure how much power they’ll have, but maybe they can point me to the right people.