Government-Subsidized Building Not Rent Stabilized

LVT Number: #23341

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding that, although the building was owned by a housing development fund corporation (HDFC), tenant had lived there prior to conversion of the property and therefore remained rent stabilized. Landlord appealed and won. The court sent the case back to the DHCR for reconsideration. The city bought the rent-stabilized building in 1984; it was then transferred to landlord HDFC in 1994. The building became an HDFC under a cooperative eviction plan.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding that, although the building was owned by a housing development fund corporation (HDFC), tenant had lived there prior to conversion of the property and therefore remained rent stabilized. Landlord appealed and won. The court sent the case back to the DHCR for reconsideration. The city bought the rent-stabilized building in 1984; it was then transferred to landlord HDFC in 1994. The building became an HDFC under a cooperative eviction plan. In addition, buildings formerly owned by the city and managed through the tenant's interim lease program, and thereafter converted to a not-for-profit housing cooperative corporation under the Business Corporation Law and the Private Housing Finance Law, are exempt from rent stabilization by law. Tenant wasn't subject to stabilization, and the DHCR had no jurisdiction over her complaint.

2333 Grand Avenue HDFC: DHCR Adm. Rev. Docket No. ZB610008RP (3/8/11) [2-pg. doc.]

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