Building Covered After Expiration of J-51 Benefits

Landlord applied for exemption from rent stabilization after J-51 benefits for the building expired. The DRA ruled against landlord, and landlord appealed. The DHCR also ruled against landlord. The building had been converted from commercial to residential use in 1971 and contained six or more apartments. So, even though the J-51 benefits had ended, the building was still otherwise subject to stabilization. A building containing six or more apartments receiving J-51 benefits would become exempt upon expiration of the benefits only if the substantial rehabilitation that created the units was completed on or after Jan. 1, 1974.

Tauber: DHCR Adm. Rev. Dckt. No. HG410182RO (2/25/99) [3-pg. doc.]