First, the entire rental history for each rent-regulated unit within the building must be obtained from DHCR, which records date back to 1984. Once these records are procured, each legal annually registered rent for all regulated units must be scrutinized for increases. If there are any increases, they must be explained. This is particularly vexing for those increases related to Major Capital Improvements (MCI), which allowed landlords to hike the rent by 6% in NYC and 15% outside of NYC under the prior laws after improvements were made benefiting the tenants. For all increases, all of the backup (invoices from contractors, canceled checks for payments, etc.), must be furnished. If the supporting documentation cannot be produced, or, alternatively, if the documents are inadequate, the rent may be deemed “unreliable,” rendering the asset toxic. The level of toxicity of the asset is largely dependent upon the amount of the overcharge and the time during which the rent was overcharged. Therefore, it is highly advisable for landlords to forego the purchase of any such toxic asset, especially in buildings where there are many potential overcharge claims where the owner does not possess backup.
Continue reading “Sweeping Reforms to Rent Overcharge Under New Rent Laws”
When filing an entity – either a business or not-for-profit corporation or a limited liability company – the first thought is often,