PHFL Cooperative Tenant Not Rent Stabilized

August 31, 2007

LVT Number: #19881

Tenant claimed that she was rent stabilized and asked the DHCR to rule on her status. The DRA ruled against tenant. The City of New York owned the building in 1984, then sold it in 1994 to landlord, a housing development fund corporation (HDFC). Landlord HDFC was a corporation set up under the Private Housing Finance Law (PHFL). Tenant appealed and lost. Although landlord gave tenant several leases that referred to the rent-stabilization law, tenant wasn't rent stabilized.

Tenant claimed that she was rent stabilized and asked the DHCR to rule on her status. The DRA ruled against tenant. The City of New York owned the building in 1984, then sold it in 1994 to landlord, a housing development fund corporation (HDFC). Landlord HDFC was a corporation set up under the Private Housing Finance Law (PHFL). Tenant appealed and lost. Although landlord gave tenant several leases that referred to the rent-stabilization law, tenant wasn't rent stabilized. Under Rent Stabilization Law Section 26-504(a), tenant's apartment is exempt from stabilization because it is in a housing cooperative under the PHFL. In addition, tenant's apartment is exempt under Rent Stabilization Code 2520.11(j), (l) because the building was operated for charitable purposes on a nonprofit basis. Landlord and tenant couldn't agree to make tenant rent stabilized when, by law, she wasn't.

Ortiz: DHCR Adm. Rev.Docket No. VE620029RT (7/24/07) [3-pg. doc.]

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