Apartment Under J-51 Not Subject to Deregulation

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2009. The DRA ruled for tenant based on her failure to answer the notice of landlord's application. Tenant appealed and won. Tenant said that she was distraught because her husband had died by drowning, and didn't recall receiving the DHCR's notice of landlord's application. Tenant also pointed out that the building presently received J-51 benefits, so her apartment wasn't subject to luxury deregulation. NYC Department of Finance public records confirmed that the building was under J-51, and landlord didn't deny tenant's claim. The DRA's order was revoked since the apartment wasn't subject to deregulation.

Creel: DHCR Adm. Rev. Docket No. ZA410033RT (6/6/11) [4-pg. doc.]