Apartment Remains Covered After Tax Abatement Ends

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that he was rent-stabilized and that his lease should have been renewed. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Tenant's apartment was subject to rent stabilization under the J-51 tax benefit program. Although the apartment's rent stabilization status should have ended when the tax benefits ended, this happened only if landlord had provided proper notice in tenant's renewal leases. Since none of tenant's renewal leases contained the notice of J-51 expiration required by law, the apartment remained rent stabilized and tenant was entitled to a renewal lease.

Spaeda v. Bakirtjy: NYLJ, 4/19/00, p. 27, col. 6 (Civ. Ct. NY; Billings, J)