DHCR Can't Transfer PHFL Buildings to Private Owner

September 30, 2006

LVT Number: 19143

Landlord of a low-income housing complex operating since 1934 asked the DHCR for permission to dissolve its company and withdraw the building complex from regulation under Article 4 of the Private Housing Finance Law (PHFL). Landlord also asked the DHCR to transfer ownership of the buildings to a private entity. The DHCR ruled for landlord. Tenants appealed and won. The DHCR had the authority to dissolve a company, but it couldn't transfer the buildings to a private entity. PHFL, Art. 4, Sect.

Landlord of a low-income housing complex operating since 1934 asked the DHCR for permission to dissolve its company and withdraw the building complex from regulation under Article 4 of the Private Housing Finance Law (PHFL). Landlord also asked the DHCR to transfer ownership of the buildings to a private entity. The DHCR ruled for landlord. Tenants appealed and won. The DHCR had the authority to dissolve a company, but it couldn't transfer the buildings to a private entity. PHFL, Art. 4, Sect. 82(2), limited the transfer to either the City of New York or another limited dividend housing company.

Knickerbocker Village Tenants Assn. v. Calogero: NYLJ, 9/7/06, p. 24, col. 1 (Sup. Ct. NY; Tolub, J)

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