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New York Experiencing a Backlog of Illegal Rent Hike Complaints in Stabilized Apartments

New York City first enacted a “rent stabilization” system in 1969 to protect renters from dramatic increases in their rent and allow renters to renew their leases. The Housing Stability & Tenant Protection Act of 2019 then strengthened laws in favor of New York renters with laws about late fees, re-renting, and criminalizing self-help eviction.
Sputnik
On Sunday the New York Daily News reported that there has been a backlog of complaints at the Office of Rent Administration with some complaints as old as four years. The administration is responsible for investigating incidents such as when a landlord may illegally overcharge a renter in a rent stabilized apartment.
New York State Assemblywoman Emily Gallagher (D-Brooklyn) learned of the backlog while investigating a case for one of her constituents. The news of a backlog at the administration is dire, because even though it is illegal under state law to overcharge a tenant in a rent stabilized apartment, if the person committing that crime does not meet the consequences of the jurisdiction they are breaking there is nothing stopping them from forcing their renter to pay the unlawful sum for housing.
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The administration has only 27 employees to process over 20,000 complaints of illegal rental overcharges per year. In addition to the agency’s lack of staff, many tenants are also unaware of their rights. According to John Paraskevopoulos, the legislative director for Gallagher, sometimes the fastest way for a tenant to have their case heard is to go to court when their landlord is threatening them with homelessness and they can be given the power of an attorney for free.

“But telling people to let the landlord take them to the brink of homelessness?” Paraskevopoulos said. “That should not be our safety net.”

Andrea Shapiro, a tenant advocate with the Met Council on Housing, clarified the gravity of some of those complaints being at least four years old.
“If it takes four years to get that money back and you’re still being overcharged the entire time, you can’t afford that apartment,” said Shapiro. “The implications are huge.”
Before a landlord raises the rent in a rent stabilized apartment the increase must be statutorily approved: even if the landlord makes costly improvements to the building or to a specific apartment, all rent increases in the state of New York must be approved by the state Department of Homes and Community Renewal before a landlord can increase rent costs.
The largest price hike in almost a decade for New York renters went into effect on October 1.
Those looking to renew their leases through September 30, 2023, will face an increase of 3.25% on their leases while those hoping to renew their lease for two years will face a spike of 5% to their rent costs. The increase comes after the Rent Guidelines Board voted in June to allow rent increases after spikes were paused in light of the COVID-19 pandemic. More than 2 million New Yorkers living in rent-stabilized apartments will be affected by the increases.
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