Building Subject to PHFL, Not Rent Stabilization

Tenant complained to the DHCR of a reduction in services. The DRA ruled for tenant and reduced his rent. The DHCR denied landlord’s PAR. Landlord then filed an Article 78 appeal and argued for the first time that the building was subject to rent stabilization, so the DHCR had no authority to reduce tenant’s rent. The case was sent back to the DHCR for reconsideration. Landlord showed that the building was subject to HPD supervision and was governed by the Private Housing Finance Law. The building therefore wasn’t subject to rent stabilization. And, since the issue was whether the DHCR had jurisdiction over the building, landlord was entitled to raise the issue at any time.

Union Gardens Assoc. LLC/Colonial Mgt. Group LLC: DHCR Adm. Rev. Docket No. DO210012RP (4/22/15) [2-pg. doc.]