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

LVT Number: #27920

Landlord applied in 2011, 2014, and 2016 for high-rent/high-income deregulation of tenant's rent-controlled apartment. The legal rent for each of those periods was above the deregulation threshold and J-51 benefits for the building had expired. The DRA ruled against landlord each time, and landlord appealed. The DHCR again ruled against landlord. Tenant's apartment was rent controlled before landlord received J-51 benefits and, under controlling law and regulations, remained rent controlled after the J-51 benefits expired.

Landlord applied in 2011, 2014, and 2016 for high-rent/high-income deregulation of tenant's rent-controlled apartment. The legal rent for each of those periods was above the deregulation threshold and J-51 benefits for the building had expired. The DRA ruled against landlord each time, and landlord appealed. The DHCR again ruled against landlord. Tenant's apartment was rent controlled before landlord received J-51 benefits and, under controlling law and regulations, remained rent controlled after the J-51 benefits expired.

Mayflower Development Corp.: DHCR Adm. Rev. Docket Nos. ER420078RO, ER420079RO, ES420035RO (7/20/17) [12-pg. doc.]

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