J-51 Rider Contained Incorrect Date

Tenant complained that landlord refused to renew his rent-stabilized lease. Landlord claimed that tenant was no longer rent stabilized because the building's J-51 tax benefits had expired. The DRA ruled against landlord. Landlord appealed and lost. Landlord had given tenant J-51 riders in his lease and renewal leases. But the rider stated incorrectly that the J-51 benefits expired on June 30, 1991. The J-51 benefits actually expired on June 30, 1997. Although landlord gave tenant a replacement lease in 1996, stating the correct expiration date, the prior notices were defective because of the incorrect date. So landlord never gave tenant proper notice of the eventual J-51 expiration, and tenant remained rent stabilized after the J-51 benefits expired.

254 Park Ave. S. Assn.: DHCR Adm. Rev. Dckt. No. OL410051RO (5/15/01) [4-pg. doc.]