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But why would a landlord go to such expense just to be able to decline to renew a rent-stabilized tenant's lease if the apartment itself remains under stabilization?
"Because in most cases, the apartments don't remain under stabilization," said Mr. Ng, the landlord-tenant lawyer.
Under stabilization, rents can be raised only by an incremental percentage each year.
Under stabilization, rent increases for one- and two-year leases are set by the Rent Guidelines Board, appointed by the mayor.
Under the law, the landlord can show rents for comparable apartments to justify the establishment of the initial rent under stabilization laws.
Under stabilization, the owner of a vacated rent-controlled apartment could set an initial free-market rent, after which the rent would be subject to the increases allowed by the board.
Similar(5)
In the case in court, Dawn Gideon, an art dealer who works with museums as well as private collectors, said she had already spent "many tens of thousands of dollars" in legal fees in several cases over her rights as a tenant under rent stabilization, including her right to a new stabilized lease, as promised by the company in a prior lease.
But tenants who do not file a complaint within two years of the first overcharge for apartments under rent control and four years for those under rent stabilization could lose the right to obtain any refund at all.
"I'm under rent stabilization.
Mr. Belkin said the owner cannot offer a three-year term under rent stabilization.
They can stay as long as they want, and they're protected under rent stabilization".
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