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Evan Krumholz, Esq.

Rent stabilization due diligence before you buy

The rent roll shows what the seller collects. The DHCR registration history shows what the law allows. The price should be based on the second.

Before
Complete the rent stabilization review before your contract deposit becomes non-refundable. After that, problems become yours without leverage to fix them.

What to get from the seller

What to compare

CheckWhat a problem looks like
Rent roll against registration historyApartments carried as free market with no documented exit from rent stabilization
Deregulation dates against June 14, 2019Apartments stabilized after the cutoff and now shown as free market
Improvement files against deregulation claimsDeregulation that depended on work with no proof of cost
Rents collected against registered legal rentsCurrent overcharges that become the buyer's exposure at closing
Registration yearsMissing years, which carry DHCR penalties of $500 per apartment per month

How it changes the price

An apartment the seller carries at a market rent that is legally stabilized at a lower rent reduces income permanently and brings overcharge exposure with it. Price the building on the income the law supports, not the rent roll.

Contract protections

Findings from the review belong in the contract: seller representations about regulatory status and rents that survive closing, an indemnity for pre-closing overcharges, and an escrow or holdback sized to the exposure. The Rent Stabilization Code generally makes the buyer responsible to tenants regardless of what the contract says. The contract decides whether the buyer can recover from the seller.

Have Evan review it

I review the seller's rent roll, registrations, leases, and deregulation files during your diligence period and deliver a written memo identifying which apartments are exposed and what that means for income.

Flat fee, quoted in writing before any work begins. Written memo delivered on a fixed date.

(516) 386-4515 · evan@thekrumholzgroup.com

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