5-point Strategy for NYC Regulated Tenants to counter landlord Abuse:

1-  Know your Rights: Your home is, without doubt, the most basic and largest utility expenditure item every month.

Spend a few moments of your busy day to learn your Rights in a Regulated Apartment.

The DHCR (NYS Division of Housing and Community Renewal) is the Govt. Agency that oversees Rent Regulation. Make some time to view their website at https://hcr.ny.gov/tenants and see information regarding Tenants’ Rights and how to seek help when you need it.

You may also check out TenantsForum.net Services for assistance.

If you don’t know your Rights in a Regulated Apartment, chances are you will be overcharged, abused or harassed. It’s only a matter of time.

2-   Filing Complaints: Most tenants file their housing complaints at HPD or by calling 311 (NYC Housing Preservation and Development) which is good. But the Regulated Tenants don’t realize that they are expected [supposed] to file the complaint both at HPD and at DHCR. While the HPD works on the Housing Code violations, the DHCR will roll back the Rent to the previous lease amount and freeze it there until the landlord restores the Service.

The Tenant Protection Unit at DHCR, which goes after abusive landlords for non-compliance with the law, are stymied to find that DHCR's record of a Building [Building Case History] is clean as a whistle! - while 25 to 30 pages of open and unresolved Violations in the same Building exist at the HPD - all because the tenants [whose rents would have been rolled back] failed to file the complaints at DHCR as they are expected/supposed to.

This simple omission restricts Rent Regulation to the books only, as the active arm - which requires tenant participation, remains inactive because of the tenants lack of knowledge.

So, if you are filing a complaint, and your apartment is Regulated, now you know how to do it correctly in order to activate not only your Rights, but the Rights of every Regulated Tenant across New York City and State.

For some complaints, particularly regarding the structural safety of your apartment and/or building, or inappropriate egress and fire Code issues, you should also file the complaint at the DOB (NYC Department of Buildings).

The Law requires you to bring all these to the attention of the authorities by filing your complaint at the appropriate Agencies.

3-  Join the Tenant Organization that represents your neighborhood: Some tenants feel frustrated when they complain at the Govt. Agencies and fail to see immediate positive outcomes, and they tend to give up. If history is a good teacher, Tenant Organizations tend to be more successful when filing complaints on behalf of their members. They are better equipped for the long haul, and the processing Agencies respond to them better than they would to a lone individual complainant who for the most part doesn’t have a clear vision of the specifics of the law or the processing procedure. Besides, landlords are less likely to abuse your Rights when they know you’re not alone – that you have the backing of a formidable Tenant Organization that can make noise.

Most tenants are way too busy holding down 2 jobs to make ends meet and so don’t have time to attend meetings & rallies. For most Organization however, these issues are taken into consideration - a simple registration, your name on the roster, and affordable yearly dues – bingo! You’re qualified for representation whenever you need the Organization. So, make time to find the Tenant Organization that fits your need.

4-  Consider joining the Tenants Forum: The full nature of Tenants Rights under Regulation is in the processing details: that’s why the DHCR issues ‘Prior Opinions’, ‘Operational Bulletins’, and ‘Fact Sheets’ to inform/prepare the parties [landlords and tenants] ahead of time.

For instance, a tenant who was born, raised, and lived in a Rent Controlled or Stabilized apartment may not necessarily qualify for ‘Succession Rights’ to the apartment unless he/she can prove with ‘verifiable documentary evidence’ that he/she resided in the apartment with the tenant of record within the last 24 months before the tenant of record permanently vacated. At least you need to know ahead of time what form of documentary evidence is required so as not to blame anyone when DHCR decides on your case and you feel blind-sided by it.

The ‘Questions-&-Answers’ Plata at TenantsForum.net present various nuances of Tenants Rights for everyone: while visitors receive instant information and leave, forum members can post new Questions & Chat with former Rent Program Specialists – each with over 30 years of Rent Regulation processing experience at the DHCR.

5-  Make yourself an Advocate: - Nothing is stronger than ‘word-of-mouth’. Tell your neighbors [fellow Regulated Tenants] about their Rights and where they can find details and help.

When a landlord is aware that tenants in the building know their Rights, and belong to a Tenant Organization, there’s less likelihood for Tenants’ Rights abuse.

Signed: The Rent Administrator: Tenantsforum.net