Apartment Rented After J-51 Benefits Ended

January 1, 1997

LVT Number: 11177

Landlord sued to evict tenant. Tenant claimed his apartment was subject to rent stabilization. Landlord argued that the rent stabilization status of the building had expired before tenant moved in. The building had been subject to rent stabilization solely as a condition of landlord's receipt of J-51 tax-exemption benefits, granted in exchange for landlord's substantial rehabilitation of the building after Jan. 1, 1974. By law, after the benefits expired, the building was no longer rent-stabilized. The court ruled for landlord, and tenant appealed.

Landlord sued to evict tenant. Tenant claimed his apartment was subject to rent stabilization. Landlord argued that the rent stabilization status of the building had expired before tenant moved in. The building had been subject to rent stabilization solely as a condition of landlord's receipt of J-51 tax-exemption benefits, granted in exchange for landlord's substantial rehabilitation of the building after Jan. 1, 1974. By law, after the benefits expired, the building was no longer rent-stabilized. The court ruled for landlord, and tenant appealed. The appeals court sent the case back for a new trial. The court found that landlord hadn't sufficiently proved that the building was exempt from rent stabilization before landlord got the J-51 benefits.

Szer v. Halpern: NYLJ, p. 33, col. 5 (12/23/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

Topics

More like this