Apartment Previously Converted to Condo Not Subject to Stabilization

Tenant claimed that she was rent stabilized and complained that landlord refused to give her a rent-stabilized renewal lease. Tenant claimed that she was a nonpurchasing tenant in a building converted to condominium and that former owner received J-51 tax benefits. The DRO ruled against tenant, finding that the apartment became a condo unit in 1985 and therefore wasn’t rent stabilized. Tenant appealed and lost. A 2000 renovation loan resulted in J-51 tax benefits to the building owner for certain condo units in the building that didn’t include tenant’s apartment. There was no proof that any prior or current owner of tenant’s apartment received J-51 benefits.

Faison: DHCR Adm. Rev. Docket No. ET610009RT (9/9/16) [6-pg. doc.]