Building Constructed in 1998 Without Tax Benefits Exempt from Rent Stabilization

Hempstead tenants complained to the DHCR of a reduction in building-wide services. The DRA ruled for tenants, and landlord appealed. Landlord argued that the building wasn’t subject to rent stabilization. The DHCR agreed and ruled for landlord, dismissing the case. The building’s Certificate of Occupancy showed that the building was constructed in 1998 and therefore wasn’t subject to the ETPA. The building received financing under Article V of the Private Housing Finance Law, which didn’t require ETPA coverage. The building also received no RPTL 421-a tax benefits.

Rivoli Redevelopment Co., LLC: DHCR Adm. Rev. Docket No. BS730029RO (6/24/16) [2-pg. doc.]