Apartment Remains Covered After J-51 Benefits Expired

May 31, 2001

LVT Number: 15043

Landlord sued to evict tenant after tenant's renewal lease expired. Landlord claimed that the building wasn't subject to rent stabilization. Tenant claimed that it was and that landlord improperly described the status in the petition. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The building became rent stabilized in 1981 when landlord got J-51 tax benefits.

Landlord sued to evict tenant after tenant's renewal lease expired. Landlord claimed that the building wasn't subject to rent stabilization. Tenant claimed that it was and that landlord improperly described the status in the petition. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The building became rent stabilized in 1981 when landlord got J-51 tax benefits. Tenant's apartment remained rent stabilized when the J-51 benefits ended because there was no vacancy and landlord hadn't included a rider in tenant's lease---and all tenants' renewal leases---stating that the apartments would be deregulated when the J-51 benefits ended.

Spaeda v. Bakirtjy: NYLJ, 5/29/01, p. 24, col. 5 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Suarez, JJ)

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