Apartment Subject to Deregulation After J-51 Benefits Expire

February 23, 2015

LVT Number: #26016

Tenant claimed that he was rent stabilized because the building received J-51 tax benefits. He complained that landlord improperly refused to renew his lease. The DRA ruled against tenant, who appealed and lost. Prior tenant's rent was $2,000 per month. When prior tenant vacated, the building clearly was no longer receiving J-51 tax benefits. The building was otherwise subject to rent stabilization, but the apartment was exempt due to high-rent vacancy deregulation.

Tenant claimed that he was rent stabilized because the building received J-51 tax benefits. He complained that landlord improperly refused to renew his lease. The DRA ruled against tenant, who appealed and lost. Prior tenant's rent was $2,000 per month. When prior tenant vacated, the building clearly was no longer receiving J-51 tax benefits. The building was otherwise subject to rent stabilization, but the apartment was exempt due to high-rent vacancy deregulation. Unlike the Roberts case, which tenant relied on, landlord didn't deregulate the apartment while J-51 benefits were still in effect.

Helm: DHCR Adm. Rev. Docket No. CR410047RT (12/10/14) [5-pg. doc.]

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