Apartment Subject to Rent Stabilization Until Next Vacancy

May 31, 1998

LVT Number: 12400

Tenant in a building that received J-51 tax benefits claimed that he was subject to rent control. Tenant had lived in the building since 1973. The DHCR ruled against tenant, finding that tenant was rent-stabilized. Tenant appealed. The court and appeals court ruled against tenant. Landlord's J-51 benefits expired in 1982 and tenant's apartment became decontrolled. Since the building contained fewer than six apartments, it didn't become subject to rent stabilization immediately. But, based on a 1985 law, tenant's apartment became subject to rent stabilization until the next vacancy.

Tenant in a building that received J-51 tax benefits claimed that he was subject to rent control. Tenant had lived in the building since 1973. The DHCR ruled against tenant, finding that tenant was rent-stabilized. Tenant appealed. The court and appeals court ruled against tenant. Landlord's J-51 benefits expired in 1982 and tenant's apartment became decontrolled. Since the building contained fewer than six apartments, it didn't become subject to rent stabilization immediately. But, based on a 1985 law, tenant's apartment became subject to rent stabilization until the next vacancy.

Sack v. DHCR: NYLJ, p. 27, col. 6 (5/28/98) (App. Div. 1 Dept.; Milonas, JP, Nardelli, Mazzarelli, Andrias, JJ)

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