Friday, March 16, 2007

If a Rent-Controlled Tenant Is Evicted, What Then?

New York Times
March 16, 2007
Q & A

Q My neighbor's apartment was under rent control until he was evicted last month. Is the apartment now deregulated, and can the rent legally go to any price? I am interested because my own apartment is rent-controlled, and I'm worried that the landlord will do everything in his power to evict me.

A Luise A. Barrack, a Manhattan lawyer who represents landlords, said that if a tenant is evicted from a rent-controlled apartment, the apartment becomes subject to rent stabilization, and the landlord can increase the rent to the current market rate.

A couple of exceptions come into play. "This is subject to the new tenant's right to file a 'fair market rent' appeal within 90 days if the building contains six units or more," Ms. Barrack said. If the rent is $2,000 or more and the tenant does not appeal, the apartment will be exempt from rent regulation.

Ms. Barrack said that the letter writer should not be concerned about her rent-controlled status unless she gives the landlord a reason for evicting her.

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