Heights Rent-Controller Out on a Technicality
“Rob a bank, and if the federal government doesn’t catch you in five years, you’re off the hook,” said Josh Barbanel in a Times story this weekend, but for Robert Nocco, no statute of limitations could save him: the new owner was able to rummage back to 1976 to challenge Nocco’s right to a rent-controlled…
“Rob a bank, and if the federal government doesn’t catch you in five years, you’re off the hook,” said Josh Barbanel in a Times story this weekend, but for Robert Nocco, no statute of limitations could save him: the new owner was able to rummage back to 1976 to challenge Nocco’s right to a rent-controlled apartment in Brooklyn Heights, at 222 Henry Street. Mr. Nocco’s parents moved into the apartment about fifty years ago, the article explains, and until June, Mr. Nocco, who was paying $212 in rent every month, had thwarted several legal attempts to remove him from the apartment. The current owner (who paid $386,566 for the five-story building in 2005, according to Property Shark) took his case to state housing regulators and noted that in 1976, Mr. Nocco rented another apartment in Brooklyn, while his parents moved to Florida. Since regulations would require Mr. Nocco to have lived with his parents for two years prior to taking over a rent-controlled apartment, this was enough for a housing officer to rule in the landlord’s favor. The two parties reached a settlement (in the very low six figures), and Mr. Nocco moved out in June.
Rent-Control Rights Stripped Away [NY Times]
I have a rent controled tenant who also pays $200/mo in an even desirable neighborhood in Manhattan.
The city won’t allow me to raise her rent because my expenses aren’t high enough according to their insanly complicated “rent increase formula.”
Rent control is a complete joke with no low income verification. My tenant has a normal job and has saved hundreds of thousands of dollars having lived basically rent free for almost 40 years.
Go ahead and defend the indefensible. . . morons!
traditionalmod – is it anymore absurd then the “luxury decontrol” limit is set at $2000 a mo rent (if in occupancy then only +$170K earners are subject to decontrol) – regardless of the size of the apartment! – So under the law a 6 room apartment is “luxury” decontrolled at the same rent as a studio apartment (I’d love to see the “luxury” of a 6 room apartment that rents for under $2k)
The law itself is absurd.
Petebklyn;
Your response to every post that has presented a story or criticism regarding RC/RS is to either call the person a fabricator of facts or a modern-day robber baron.
May we hear your rationale for the continuation of this system?
Kris “Rent Stabilization is also basically over because of vacancy rules and MCI. So we are moving towards a non-rent-regulated city, it just takes time. Doesn’t this mean the problem is being fixed?”
That is just WRONG – for the reasons cited above RS is here and will be staying for decades more everywhere but Manhattan and a few high end neighborhoods in the outer boros – and this would be the case even if the legislature doesn’t pass any of the dozens of bills currently under consideration that would raise and/or eliminate the $2000 decontrol threshold, or the recent ruling that ties RS to J-51 tax abatement (which would keep thousands of +2000 apartments RS for at least another 20 years)
RS – is by no means dead or dying and anything said to the contrary is incorrect under virtually every possible future scenario.
Nobody wants to see the poor and the elderly kicked out of rent control apartments. I agree with those who say a LL knows what they’re getting into when they buy a building with RC tenants. But the ability to inherit a rent-controlled apartment, with no other requirement than to be related to the original tenant is absolutely absurd. The descendant in question could be a millionaire and they inherit a rent control apartment? They need to change at least that part of the program and require descendants prove they are low income, and have that income level be truly low, on par with requirements for section 8 housing.
About abuse of RC, I know no less than three people who all have RC apts in Manhattan in fashionable neighborhoods who don’t even live in the places most the week, they treat them as pied a terre apts. (Who somehow manage to evade being busted by the landlord on that). And who make enough money to pay market rent.
petebklyn – my building has only 16 apartments. Yes about half of the 16 apartments are occupied by the elderly and their offspring. One apartment just turned over to the 3rd generation. Location is Bay Ridge – maybe that clears something up for you.
” Rent control is almost universally viewed as economically descructive” — universally by lassaizfaire capitalists types maybe.
” just moved into an apartment building with about half RC tenants in place > all of which have been there 35 years +. These folks are in their 80s and MOST of them have their middle aged children (and their spouses) occupying the apartment with them.” – this one is really really difficult to believe. 50% have lived there for over 35 years? and MOST of them have adult children living with them? very very difficult to believe. Never ever have I seen or heard of such a stable tenanted building of renters.
Well, I guess it depends on the building. In my building, none of the middle-aged kids of RC parents were there. Of course, my building was also a dilapidated crap hole.
Kris – everything you say is more or less right – EXCEPT – RS and RC have certain rights of survivorship (which is what was at issue here) . So they do not “eventually move or die” – they often – pass it on and even when the “passing” is not legal, a holdover could cost your thousands and not even be successful.
Also maybe not relevant to this situation (in Brooklyn Heights) the vast majority of housing in the outer boros are at marketrate – below $2000 and 2. Often starting from such a low rent that no amount of capital improvements could bring the rent to $2000 anyway.
If an apartment rents for $1000 upon vacancy you would need over $40,000 of qualified improvements in order to get a ‘decontrolled’ rent. Which is near impossible.
The overall point is that – outside of Manhattan and a couple of high end neighborhoods – there is no decontrol possible – and so while the LL probably bought knowing the ‘deal’, the deal is sudject to change and the individual LL has little or no say in it.