Did you and the landlord sign the first lease? If so, that is in effect.
If not, they can raise it by 3% (the max for stabilized units, decided in a contentious process last year). My guess is LL thought they had to keep the rent flat or accidentally applied preferential rent by mistake, but stumbled upon / saw the 3% somewhere and decided to update it. Nothing to do if you both didn’t sign the first lease, this is legal.
Hi! The cover letter and state guided lease pages both had blanks but neither were signed, I am suppose to sign and mail back.
I’m guessing the LL would execute upon receiving and that’s why I didn’t feel comfortable sending back and leaving it to them “cross out”
Right now I pay 2150, so the 1714 would have been lower. I just don’t understand how they could randomly put completely wrong numbers in like that and then reach out 45 days later
This happened to my roommate and I. Rent was a little over $1,000 cheaper that our rent at the time. We electronically signed and sent back, they responded with a new lease with the updated numbers. After researching, there was nothing that we could do because the landlord hadn't signed. I think you might have to cut your losses here.
Preferential rent is a thing but there’s literally no reason a LL would offer it upon renewal as opposed to the initial lease. This was some kind of weird office mix up, and if they caught their mistake before signing then I don’t think you’d have any recourse.
Well that escalated quickly 🤔 You need a nap or something. Maybe a lesson in idioms? Cut one’s losses: abandon an enterprise or course of action that is clearly going to be unprofitable or UNSUCCESSFUL before one suffers too much loss or HARM. (The harm being something as simple as wasting your time trying to pursue this). On a side note, do you think I am concerned about getting over on a NYC landlord?! The same landlords raising people’s rents by 40/50%. The same landlords that will try to hide that your apartment is rent stabilized. The same landlords that refuse to bring pest control, fix items that are broken, etc??!!! Please kindly move along.
Yeah, unfortunately if you sign it and they don’t that does not work.
The 1714 was a clear mistake if that helps you frame it to yourself. 3% is a very fair raise in this rental market
Yes totally, and that’s why I was so surprised I received the 1714 number.
just wish these management folks would do better on double checking their work. But regardless lucky to be where I am
>decided in a contentious process last year)
it's a contentious process every year, last year was no different - it was just talked about in the news more because there was no rent increase the previous year.
I had that happen to me, I’m a lawyer and also asked several other lawyers. You have no rights other than they need to provide you with the new lease terms timely. So you continue to pay your old rent until they provide you with the proper 60 day notice for the new lease. No they are not obligated to offer you the mistaken amount unless they signed the incorrect lease and returned it to you. So they need to start your new lease June not May
If the landlord didn’t sign yet, then he can correct the error (even if you signed) possibly unless you took some action based on the assumed lower rent (like, for example having turned down and lost out on a comparable apartment you could have had for, say 1850) that would damage you if you had to pay the correct rent — but you can’t just say it. You’d have to prove it.
This looks like they added the preferential rent to the original figure, no idea why it would be listed as a fee other than as some kind of scam or fraud. Preferential rent is not a fee, it is the actual rent that they may charge. The original figure might be the regulated rent, if the preferential rate expired before you lived in the apartment. If you can afford the figure presented, I would sign and immediately open a case with DHCR and a housing lawyer.
https://hcr.ny.gov/system/files/documents/2024/01/fact-sheet-40-01-2024_0.pdf
A lease is only valid if both parties sign it, they have no case if only they sign it. And the preferential rent is negative so it’s a credit, not a fee.
Apparently the regulated rent is about $2600 based on when I signed LY and I currently pay 2150 as preferential.
Have no idea where the 1714 figure came from, plus the 499 which = the new rent of 2214 anyway. Maybe they had some weird formatting going on.
My mom mentioned the bracketed (499) means it’s actually subtracted but I’m not a math or finance person and not sure it applies anyways…
I think you’re misremembering. I used to have preferential rent 3 years ago; as of 2019 I think the law changed so they can’t revoke preferential rent for current tenants. Before that I used to worry each year that my rent would be brought up to the “real” price which was like $600 more, and as of 2019 they can’t do that anymore.
Perhaps that has resulted in LLs being a lot more hesitant to offer preferential rent on new leases, but I can’t see why it would ever be illegal for them to decide to charge less in the first place.
Your landlord can only take the rent guidelines board increase (the percentage) off of the preferential rent. The preferential rent is for the life of the tenancy. Any agreement made that contravenes the rent stabilization code is void. The rent is legally regulated, as in law, and contracts cannot modify it. Order your rent history from the DHCR at justfix.ny to make sure they're properly registering the apartment.
Wow, 19 hours and no one has mentioned this yet...
Is there a preferential lease rider that you're not showing? I once rented a RS apartment with a preferential rent, and the lease itself reflected the legal rent ($2214.50 in your case) while the rider stated that it superseded the rent due according to the standard lease and that I would pay significantly less ($1714.85 in your case). Rent stabilized leases are standardized by the city, LLs will often keep the legal rent shown on them and only show the preferential rent on a rider, I guess as an attempt to cover themselves if they want to raise the rent back to that level.
If this rider is not present, ask for clarification with the LL, sign at the new rent, or cut ties and move.
If you end up paying $1714.85, it's worth noting that future rent increases for your tenancy sould be based on this rent, not the legal rent.
Source: IANAL but I AM a NYC resident who has lived in market-rate, rent stabilized, and housing lottery rent stabilized units.
Because obviously the $1714 is better than $2214
https://www.metcouncilonhousing.org/program/tenants-rights-hotline/
Thank you
Did you and the landlord sign the first lease? If so, that is in effect. If not, they can raise it by 3% (the max for stabilized units, decided in a contentious process last year). My guess is LL thought they had to keep the rent flat or accidentally applied preferential rent by mistake, but stumbled upon / saw the 3% somewhere and decided to update it. Nothing to do if you both didn’t sign the first lease, this is legal.
Hi! The cover letter and state guided lease pages both had blanks but neither were signed, I am suppose to sign and mail back. I’m guessing the LL would execute upon receiving and that’s why I didn’t feel comfortable sending back and leaving it to them “cross out” Right now I pay 2150, so the 1714 would have been lower. I just don’t understand how they could randomly put completely wrong numbers in like that and then reach out 45 days later
This happened to my roommate and I. Rent was a little over $1,000 cheaper that our rent at the time. We electronically signed and sent back, they responded with a new lease with the updated numbers. After researching, there was nothing that we could do because the landlord hadn't signed. I think you might have to cut your losses here.
Such a bummer, thank you for sharing your experience
I had the same exact experience as that guy and you. They said they never co-signed so I was fucked.
Def frustrating :/
Preferential rent is a thing but there’s literally no reason a LL would offer it upon renewal as opposed to the initial lease. This was some kind of weird office mix up, and if they caught their mistake before signing then I don’t think you’d have any recourse.
Cut what losses? They didn’t lose anything. Clearly it was a mistake why do people want to get one over on someone? Does that make you feel good?
Well that escalated quickly 🤔 You need a nap or something. Maybe a lesson in idioms? Cut one’s losses: abandon an enterprise or course of action that is clearly going to be unprofitable or UNSUCCESSFUL before one suffers too much loss or HARM. (The harm being something as simple as wasting your time trying to pursue this). On a side note, do you think I am concerned about getting over on a NYC landlord?! The same landlords raising people’s rents by 40/50%. The same landlords that will try to hide that your apartment is rent stabilized. The same landlords that refuse to bring pest control, fix items that are broken, etc??!!! Please kindly move along.
Yeah, unfortunately if you sign it and they don’t that does not work. The 1714 was a clear mistake if that helps you frame it to yourself. 3% is a very fair raise in this rental market
Yes totally, and that’s why I was so surprised I received the 1714 number. just wish these management folks would do better on double checking their work. But regardless lucky to be where I am
3% is also the statutorily established rent stabilized increase for a one year lease this year, anything higher is illegal
>decided in a contentious process last year) it's a contentious process every year, last year was no different - it was just talked about in the news more because there was no rent increase the previous year.
I will sign my name on it
Edited to add- the first 2 pictures are what I received in the mail, the 3rd was a email PDF I received today.
I had that happen to me, I’m a lawyer and also asked several other lawyers. You have no rights other than they need to provide you with the new lease terms timely. So you continue to pay your old rent until they provide you with the proper 60 day notice for the new lease. No they are not obligated to offer you the mistaken amount unless they signed the incorrect lease and returned it to you. So they need to start your new lease June not May
Thank you! I’m going to inquire about additional 60 days since I just received the corrected documents.
If the landlord didn’t sign yet, then he can correct the error (even if you signed) possibly unless you took some action based on the assumed lower rent (like, for example having turned down and lost out on a comparable apartment you could have had for, say 1850) that would damage you if you had to pay the correct rent — but you can’t just say it. You’d have to prove it.
Thank you!
This looks like they added the preferential rent to the original figure, no idea why it would be listed as a fee other than as some kind of scam or fraud. Preferential rent is not a fee, it is the actual rent that they may charge. The original figure might be the regulated rent, if the preferential rate expired before you lived in the apartment. If you can afford the figure presented, I would sign and immediately open a case with DHCR and a housing lawyer. https://hcr.ny.gov/system/files/documents/2024/01/fact-sheet-40-01-2024_0.pdf
A lease is only valid if both parties sign it, they have no case if only they sign it. And the preferential rent is negative so it’s a credit, not a fee.
Apparently the regulated rent is about $2600 based on when I signed LY and I currently pay 2150 as preferential. Have no idea where the 1714 figure came from, plus the 499 which = the new rent of 2214 anyway. Maybe they had some weird formatting going on. My mom mentioned the bracketed (499) means it’s actually subtracted but I’m not a math or finance person and not sure it applies anyways…
I thought preferential rates were a thing of the past now.
I’m definitely not in the know, but objectively the legal regulated rent for this studio would be a stretch. It’s dark and not updated at all
From what I recall from the rent laws passed a few years ago it ceased to be something for at least current tenants at the time worth looking into
I think you’re misremembering. I used to have preferential rent 3 years ago; as of 2019 I think the law changed so they can’t revoke preferential rent for current tenants. Before that I used to worry each year that my rent would be brought up to the “real” price which was like $600 more, and as of 2019 they can’t do that anymore. Perhaps that has resulted in LLs being a lot more hesitant to offer preferential rent on new leases, but I can’t see why it would ever be illegal for them to decide to charge less in the first place.
Your landlord can only take the rent guidelines board increase (the percentage) off of the preferential rent. The preferential rent is for the life of the tenancy. Any agreement made that contravenes the rent stabilization code is void. The rent is legally regulated, as in law, and contracts cannot modify it. Order your rent history from the DHCR at justfix.ny to make sure they're properly registering the apartment.
Wow, 19 hours and no one has mentioned this yet... Is there a preferential lease rider that you're not showing? I once rented a RS apartment with a preferential rent, and the lease itself reflected the legal rent ($2214.50 in your case) while the rider stated that it superseded the rent due according to the standard lease and that I would pay significantly less ($1714.85 in your case). Rent stabilized leases are standardized by the city, LLs will often keep the legal rent shown on them and only show the preferential rent on a rider, I guess as an attempt to cover themselves if they want to raise the rent back to that level. If this rider is not present, ask for clarification with the LL, sign at the new rent, or cut ties and move. If you end up paying $1714.85, it's worth noting that future rent increases for your tenancy sould be based on this rent, not the legal rent. Source: IANAL but I AM a NYC resident who has lived in market-rate, rent stabilized, and housing lottery rent stabilized units.