HSTPA Resulted in Termination of Remanded "LD" Proceeding

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord, finding that although tenant was rent stabilized as a result of the building's receipt of J-51 tax benefits, tenant's leases didn't contain the requisite notice provisions stating that the apartment would be automatically deregulated when the J-51 tax benefits expired. So, the apartment continued to be rent-stabilized until tenant moved out.

Landlord appealed, and the DHCR reopened the case for a determination of whether the apartment qualified for high-income rent deregulation. The DRA later terminated the remanded proceeding based on landlord's letter stating that tenant had moved out of the apartment. Landlord appealed that order on June 18, 2019, claiming that there had been a mistake and tenant had not moved out. So the DHCR agreed to reconsider the remanded case.

But in February 2020, the DRA terminated the proceeding by a separate order because, effective June 14, 2019, HSTPA repealed the provisions that provided for issuance of orders authorizing high-rent/high-income deregulation under the Rent Stabilization Law. Since landlord didn't appeal this separate, superseding order, there was nothing left to appeal, and the case was dismissed. 

400 E58 Owner LLC: DHCR Adm. Rev. Docket No. HR410031RO (2/27/20) [2-pg. doc.]