Rent-Controlled Apartment Can't Get Deregulated After J-51 Benefits Expire

Landlord applied for high-rent/high-income deregulation of tenant’s rent-controlled apartment in 2011, 2013, 2014, and 2016. The DRA ruled against landlord because the building previously received J-51 tax benefits and rent-controlled apartments continue to be exempt from luxury deregulation after J-51 benefits expire. Landlord appealed and lost. the DHCR was obligated to follow the 2014 decision of an appeals court in the case of Matter of RAM 1 LLC v. DHCR. Unlike the Rent Stabilization Law, there is nothing in the Rent Control Law that provides for the resumption of the availability of high-income rent deregulation after J-51 tax benefits have expired.  

Regina Metropolitan Co. LLC: DHCR Adm. Rev. Docket Nos. ER420051RO/ES420022RO (1/27/17) [4-pg. doc.], ER420053RO (1/27/17) [4-pg. doc.], ES420024RO (1/26/17) [4-pg. doc.]