Former Mitchell-Lama Building, with C of O Issued in 1980, Wasn't Subject to Rent Stabilization

Tenant complained to the DHCR of rent overcharge. She claimed that the building had been subject to the Mitchell-Lama program and, upon dissolution, landlord improperly set the fair market rent by 120 percent. The DRA ruled against tenant because the building was built after Jan. 1, 1974, and, in a nonpayment proceeding, a court already had ruled that the apartment wasn't subject to rent regulation. Tenant appealed and lost. Public records showed that the original building was part of an area conveyed to the City of New York in or around 1970, was condemned under a court order in or around 1974, and later rebuilt as part of the Metro North Neighborhood Development Area. A Certificate of Occupancy was issued to the NY State Urban Development Corp. on Dec. 5, 1980, which was well after Jan. 1, 1974. Tenant was not subject to rent stabilization.

Carney: DHCR Adm. Rev. Docket No.LW410022RT (5/21/24)[3-pg.document]