Rent-Controlled Apartment Remains Exempt from High-Rent/High-Income Deregulation

September 15, 2018

LVT Number: #28615

Landlord applied for high-rent/high-income deregulation of tenant's rent-controlled apartment in 2013. The DRA ruled against landlord because the building had received J-51 tax benefits. Landlord appealed and lost. Although the J-51 benefits had expired, rent-controlled apartments in cooperative and condominium buildings occupied prior to receipt of J-51 tax benefits continued to be exempt from high-rent/high-income deregulation after the J-51 tax benefits have expired.

Landlord applied for high-rent/high-income deregulation of tenant's rent-controlled apartment in 2013. The DRA ruled against landlord because the building had received J-51 tax benefits. Landlord appealed and lost. Although the J-51 benefits had expired, rent-controlled apartments in cooperative and condominium buildings occupied prior to receipt of J-51 tax benefits continued to be exempt from high-rent/high-income deregulation after the J-51 tax benefits have expired.

Gracie Gardens LLC: DHCR Adm. Rev. Docket No. FR420029RO (7/24/18) [7-pg. doc.]

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