No Luxury Deregulation Allowed for J-51 Building

October 22, 2014

LVT Number: #25810

Landlord applied in 2007 for high-rent/high-income deregulation after tenant admitted on his Income Certification Form (ICF) that his total annual household income was greater than $175,000 during both 2005 and 2006. The DRA ruled for landlord, who appealed and won. When the ICF was sent to tenant in April 2007, the building was receiving J-51 tax benefits. The J-51 benefits were still in effect, and the building was already subject to rent stabilization before receiving the J-51 benefits. Under controlling statute, regulations, and the court's decision in Roberts v.

Landlord applied in 2007 for high-rent/high-income deregulation after tenant admitted on his Income Certification Form (ICF) that his total annual household income was greater than $175,000 during both 2005 and 2006. The DRA ruled for landlord, who appealed and won. When the ICF was sent to tenant in April 2007, the building was receiving J-51 tax benefits. The J-51 benefits were still in effect, and the building was already subject to rent stabilization before receiving the J-51 benefits. Under controlling statute, regulations, and the court's decision in Roberts v. Tishman Speyer Properties LP, tenant wasn't subject to luxury deregulation in 2007. The deregulation order was revoked.

Chanko: DHCR Adm. Rev. Docket No. VK410043RT (8/19/14) [3-pg. doc.]

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