No Deregulation for Apartment in J-51 Building

Tenant claimed that she was rent stabilized and complained that landlord refused to renew her lease. The DRA ruled against tenant. In 2003, prior tenant paid more than $2,000 per month under an initial lease, and landlord filed an exit registration with the DHCR in 2004. So the DRA found that the apartment had been deregulated. Tenant appealed and won. Tenant pointed out that landlord received J-51 tax benefits and argued that therefore her apartment wasn't subject to high-rent vacancy deregulation. New York City Department of Finance records showed that landlord received J-51 benefits between 1997 and 2008. So the apartment wasn't subject to high-rent vacancy deregulation, at least as long as the building was receiving J-51 benefits. The case was sent back to the DRA for further consideration.

Cervantes: DHCR Adm. Rev. Docket No. WE4100045RT (11/18/09) [3-pg. doc.]