Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    New condos in Manhattan
    Investing
    Rise of all-cash deals in NYC reshapes the real estate market
    empty nesters in modern kitchen
    Rent
    Empty nester checklist: What to consider if you are buying or renting in NYC
    co-op board reference letters NYC
    Co-ops
    Here are 8 real co-op board reference letters from successful buyers
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Rachel's one-bedroom co-op apartment is newly renovated.
    Roommates + Landlords
    Why I moved to NYC from Long Island: After living with mean roommates, I wanted to own a place of my own
    Apartment buildings on MacDougal Street in Greenwich Village
    Affordable Housing
    Cuomo’s attack on Mamdani’s $2,300 apartment brings rent stabilization into the spotlight
    523 Neptune Ave. housing lottery
    Affordable Housing
    Housing lottery at new development in West Brighton, Brooklyn, offers 150 rent-stabilized units and luxury amenities
    Sponsored By 532 Neptune Ave
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Aerial view of downtown Brooklyn
    Sell
    Median sales price in Brooklyn climbs to $995,000 in the second quarter
    Downtown New York City
    Sell
    Manhattan deals rose to highest level in nearly two years, defying national trends
    Modern residential buildings in Chelsea, Manhattan
    Negotiations + Closings
    What is a post-closing possession agreement and what are the risks for buyers and sellers?
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Apartment buildings in Lower Manhattan
    Renovation
    What repairs are co-op and condo owners responsible for, and what do buildings take care of?
    Big Apple Moving stackable eco-friendly bins
    Products + Test-drives
    Do I have to use cardboard boxes when moving in NYC? Are there any green alternatives?
    Sponsored By Big Apple Moving
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    insurance adjuster inspecting mold
    Products + Services
    How to tell if your apartment has mold—and how to get rid of it
    Woman on the phone to a plumber about a leaking sink
    Small Projects + DIY
    Here's what I learned to get our absentee landlord to fix things fast
    Apartment buildings in Lower Manhattan
    Renovation
    What repairs are co-op and condo owners responsible for, and what do buildings take care of?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    523 Neptune Ave. housing lottery
    Affordable Housing
    Housing lottery at new development in West Brighton, Brooklyn, offers 150 rent-stabilized units and luxury amenities
    Sponsored By 532 Neptune Ave
    Big Apple Moving stackable eco-friendly bins
    Products + Test-drives
    Do I have to use cardboard boxes when moving in NYC? Are there any green alternatives?
    Sponsored By Big Apple Moving
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: 30 years ago, rent for my apartment more than doubled. Could it have been illegally de-stabilized?

  • Prior to 2019, rent could be hiked for stabilized apartments through vacancy allowances and apartment upgrades
  • It would be difficult to prove the apartment was de-regulated illegally and that you should be a stabilized tenant
By Himmelstein McConnell Gribben & Joseph LLP  | September 27, 2023 - 12:30PM
Row of Colorful Old Brick Residential Buildings and Skyscrapers in Morningside Heights of New York City

The rent hike could be attributed to significant apartment improvements your landlord made back in 1993. 

James Andrews via iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

I recently received the rent history for my apartment, which is in a 26-unit, prewar building. Initially, my apartment was rent stabilized and was de-stabilized in 2011 when a 20 vacancy rate pushed it over the $2,000 deregulation threshold. I noticed a 122 percent rent increase from $533.57 to $1,185 in 1993 when new tenants came in. How can the rent for a rent-stabilized apartment increase by more than double? And could it have been illegally de-stabilized?

This rent increase could have been done legally under the rent stabilization laws at the time—and even if it wasn’t, it will be difficult to prove otherwise, says Sam Himmelstein, an attorney at Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations.

“It’s easy to see how that increase could have occurred if the landlord put in a certain amount of money into individual apartment improvements, known as IAIs,” Himmelstein says.

Under the rent stabilization code in 1993—and up until 2019, when the Housing Stability and Tenant Protection Act was passed and significantly reformed stabilization laws—landlords could hike the rent on stabilized apartments through vacancy allowances and Individual Apartment Improvements (IAIs).

IAIs allowed landlords to raise rent on stabilized units if they had made substantial renovations to the units, based on a percentage of the cost of the updates. In 1993, this was 1/40th the cost of the work; in 2014 the rule was changed to reduce the increase to 1/60th the cost, in a case where there were 35 or more apartments.

HSTPA has since limited the permitted IAI rent increases in these circumstances to 1/168th or 1/180th of the cost, capped at $15,000. 

This means that the most the landlord can raise the rent now when a rent stabilized tenant vacates is $89 per month. Vacancy allowances, once as high as 20 percent, have been eliminated. But at the time your apartment’s rent was increased, your landlord could have feasibly doubled the rent through a combination of IAIs and vacancy increases.

Himmelstein calculates that, coupled with the 5 percent vacancy increase in place at the time, the landlord would have had to put in about $22,000 in improvements in order to legally raise the rent from $533 to $1,185.

Himmelstein says, “$22,000 is not that much—the landlord could easily have spent that on a new bathroom or kitchen."

And even if you suspect that he did not, in fact, do this work, it would be difficult to prove in housing court that the apartment was de-regulated illegally and that you should be a stabilized tenant.

“The threshold issue would be whether the court would order the landlord to produce proof of the improvements done in 1993. The tenant would have to convince the court that they have the right to those records as part of proving their status claim,” says Ronald Languedoc, an attorney at HMGJ.

Landlords do have the burden of proving apartments were legally de-regulated, Languedoc says, but the question in your case is whether a court would require the landlord to produce evidence justifying the rent increase from 1993. Before the passage of HSTPA, landlords were only required to maintain records for four years, so yours could argue that he no longer has documentation of apartment improvements from 30 years ago.

“If the court does order the landlord to produce the records, and the landlord claims the records have been destroyed or are lost, what then?” Languedoc says. “I do not know if the court would automatically side with the tenant in the absence of records.”  

On the other hand, Himmelstein says, there are many court decisions that say there is no statute of limitations for determining whether an apartment should be stabilized and was illegally deregulated. On the off chance you are able to prove the apartment was wrongly taken out of stabilization, you could potentially have the unit re-stabilized, but it is highly unlikely you would be paid back for rent overcharges.

Still, Himmelstein says, even this is a long shot. “Could the tenant convince the court that the landlord is required to produce records that are 30 years old? I tend to think not, especially since this is based on pure speculation.”

Related: 

Ask Sam: How do I find out if my apartment should be rent-stabilized—and the landlord owes me money? (sponsored)

Ask Sam: I found out my apartment used to be rent-stabilized. Now what? (sponsored) 

Ask Sam: My landlady moved me out of a stabilized unit, and now she wants to raise my rent by $400. What can I do? (sponsored)

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Affordable Housing Ask Altagracia rent regulation tenants' rights
SHARE
TWEET
BRICK’S PICKS
empty nesters in modern kitchen
Empty nester checklist: What to consider if you are buying or renting in NYC
NYC apartment building with AC units
My neighbor's dripping AC is driving me crazy. What can I do?
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
image
How much should you renovate your NYC apartment or house before selling?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login