rent control tenant - Posted by Chyna

Real Estate Investing Real Estate Law
1

Posted by Frank Chin on November 18, 2004 at 16:07:04:

Chyna:

Go to the following Website:

http://www.dhcr.state.ny.us/ora/forms/forms01.htm

get form “FOIL-1” (Freedom Of Information Law)

and Request rent history, complete and return to (for NYC):

DHCR
Gertz Plaza
92-31 Union Hall St. 4th Floor
Jamaica, NY 11433

Frank Chin

2

rent control tenant - Posted by Chyna

Posted by Chyna on November 15, 2004 at 06:29:58:

I recently purchase two three-family houses in Brooklyn NY…one of the tenants is rent controlled and pays $135/month. Since market rent is about $1600 I’m assuming that previous owners never filed the lengthy paperwork required by the city that would entitle them to the small annual increases.

My question pertains to burden of proof regarding his rent control status. He claims that he moved in before July 1971 (the all-important cutoff date for NYC rent control) but I have reason to doubt this…he may have moved in in 1972 or even 73. I think he’s 63 years old and not in good health.

He claims that she has nothing to show me (or the courts for that matter) to verify his date of occupancy.

Any advice?

Thanks very much,
Chyna