Building Not Newly Constructed After Jan. 1, 1974

Tenant asked the DHCR to determine that she was rent stabilized. Tenant moved into the building in 1989. Landlord claimed that tenant was previously rent stabilized only on the basis of landlord's receipt of J-51 tax benefits. Since the J-51 benefits had expired in 2003, landlord argued that tenant was no longer rent stabilized. The DRA ruled for tenant and found that she was still rent stabilized. Landlord appealed and lost. The building contained six or more apartments. Landlord claimed that the building was newly constructed after Jan. 1, 1974. The DHCR rent control records showed that the building had 30 apartments before 1974. So the building was subject to rent stabilization no matter what the status of landlord's J-51 benefits.

Kestral Co.: DHCR Adm. Rev. Dckt. No. TD420019RO (3/30/06) [5-pg. doc.]