Apartment Remained Rent Stabilized While Building Got J-51 Benefits

Tenant complained of rent overcharge. Landlord claimed that the apartment was permanently exempt on the base date due to high-rent vacancy deregulation. The DRA ruled for tenant, found that tenant was rent stabilized, and ordered landlord to refund $10,500, including interest. Landlord appealed and lost. The base rent date, four years before tenant filed his complaint, was Jan. 25, 2012, and at the time the complaint was filed, landlord had failed to file registrations for the years 2012 through 2016. The rent was correctly frozen based on landlord's failure to register the rent. And the building was receiving J-51 tax benefits. So, even if the apartment's rent had reached the deregulation threshold, it remained subject to rent stabilization. 

Livanos: DHCR Adm. Rev. Docket No. FO410060RO (10/13/17) [3-pg. doc.]