Q & A

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Q I recently got a violation from the Department of Housing Preservation and Development (HPD) for not having a superintendent living in my building or within 200 feet or one block of my building. To correct the violation, I would like to recover a rent-stabilized apartment in my building for the superintendent's use. Am I allowed to do this?

Q My buildings have master antennas that have been registered with the DHCR as a provided service. Only a handful of tenants do not have cable and are using the master antenna for their television broadcasting. What impact will the analog-to-digital transition have on owners of buildings with master antennas?

Q If a tenant denotes a specific month to which to apply his rent payment, is the owner still allowed to apply the rent payment to the arrears and not to the specific month noted on the tenant's check?

Q I have a rent-stabilized tenant who I suspect may be here on a foreign tourist visa. Would you review the requirements for evicting a rent-stabilized tenant on the basis of nonprimary residence, and give me more information on whether I can show the tenant's immigration status as possible proof?

Q A tenant signed and returned a lease that is now in effect. After I mailed his copy of the lease back to him, I realized that a calculation error was made in the tenant's favor. Therefore, I sent him an adjusted lease with the correct figures before the lease was to take effect. The tenant refused to accept the adjusted lease. Is the lower, incorrectly calculated rent the base rent forever, or can it be considered a pref...

Q I need access to an apartment whose tenant has filed a reduced-service complaint with the Division of Housing and Community Renewal (DHCR). The tenant has denied me access to make repairs on more than one occasion. If the tenant keeps denying me access, how can I avoid a rent cut—or, if the DHCR issues a rent-cut order, how can I get the rent restored?

Q An applicant wants to rent one of my rent-stabilized apartments, but says that he won't be using the apartment as his primary residence. He is willing to agree in writing to rent the apartment as a nonprimary resident and therefore be exempt from rent stabilization, paying a rent that is above the legal regulated amount. If we both sign this agreement, will a court enforce it if the tenant later reneges and claims to be ...

Q A long-term tenant, who lived in the same apartment for 40 years, died recently. I wish to verify the calculation of the new rent. If I calculate the prior legal rent, plus the long-term prior tenant increase, plus the Rent Guidelines Board Order (RGBO) #40 percentage increase, plus 1/40th of the cost of improvements, would this be the allowable computation?

Q My company is about to start construction on a 50-unit residential rental building that will be under rent stabilization. We have been informed that to receive the tax benefits of 421a in a new 50-unit building, the building superintendent will have to be paid “prevailing wages.” Can you provide me with more information about prevailing wages and what they would be for a superintendent in a residential apartment ...