Landlord's PAR of Deregulation Denial Dismissed Due to Repeal of Law

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2014. At some point, the DRA asked landlord to submit copies of all J-51 riders sent to tenant with leases at any time since tenant commenced occupancy in 2000. But, since landlord submitted no J-51 riders in response to the request, the DRA dismissed the application.

Landlord appealed and lost. Landlord argued that J-51 notice provisions weren't required in the building because the building was subject to rent stabilization before landlord received J-51 tax benefits.  The DHCR ruled against landlord for a different reason. The DHCR noted that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) repealed high-rent/high-income deregulation effective June 14, 2019. Since HSTPA was enacted while landlord's PAR was pending, the repeal applied to this case. HSTPA specifically states that the Act is to "take effect immediately and [shall] apply to any claims pending or filed on and after" June 14, 2019.

72A Realty Associates, LP: DHCR Adm. Rev. Docket No. FV410031RO (10/21/19) [3-pg. doc.]