HUD Project-Based Section 8 Building Wasn't Subject to Rent Stabilization

LVT Number: #33552

Tenant complained to the DHCR that he was rent stabilized and that landlord refused to offer him a renewal lease. The DRA ruled against tenant, finding that tenant received a HUD project-based Section 8 subsidy from the NYC Housing Development Corporation (HDC) and that tenant's apartment wasn't subject to rent stabilization. Tenant appealed and lost. Tenant argued that he was being overcharged by landlord. But the apartment was subject to a Regulatory Agreement between landlord and HUD, and HDC exempted the building from rent stabilization.

Tenant complained to the DHCR that he was rent stabilized and that landlord refused to offer him a renewal lease. The DRA ruled against tenant, finding that tenant received a HUD project-based Section 8 subsidy from the NYC Housing Development Corporation (HDC) and that tenant's apartment wasn't subject to rent stabilization. Tenant appealed and lost. Tenant argued that he was being overcharged by landlord. But the apartment was subject to a Regulatory Agreement between landlord and HUD, and HDC exempted the building from rent stabilization. So, the DHCR had no authority to determine tenant's claims concerning lease violation or rent overcharge.

Quinones: DHCR Adm. Rev. Docket No. MU210009RT (1/30/25)[2-pg. document]

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