High-Rent Apartment Remains Rent-Controlled After J-51 Benefits End

Landlord applied in 2014 for high-rent/high-income deregulation of tenant's rent-controlled apartment since tenant's rent was over $2,500 and the building's J-51 tax benefits had expired. The DRA ruled against landlord, who appealed and lost. Tenant's apartment was rent controlled before landlord received J-51 tax benefits and remained rent controlled. Under controlling laws and regulations, the high-income rent deregulation provisions remain inapplicable and the apartment isn't subject to decontrol even though the J-51 tax benefits have expired.

Mayflower Development Corp.: DHCR Adm. Rev. Docket No. ER420084RO (6/29/17) [4-pg. doc.]