Building Under HPD Program Not Rent Stabilized Despite J-51 Benefits

Tenant complained of rent overcharge. The DRA ruled against tenant and found that her apartment wasn’t rent stabilized. Tenant appealed and lost. Tenant pointed out that the building was receiving J-51 tax benefits. Tenant argued that a court had ruled that the building was rent stabilized. But the court’s decision was later changed. Rents at the building were set and supervised by HPD under an Amended and Restated Redevelopment Agreement and Article 5 of the Private Housing Finance Law. Since the court had ruled that HPD, not the DHCR set the rents, the building wasn’t rent stabilized.

Harges: DHCR Adm. Rev. Docket No. CQ6100015RT (3/30/15) [2-pg. doc.]