Rent-Stabilized Apartment Is Subject to Deregulation After J-51 Expires

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016. Landlord claimed that tenant's rent was $2,700 or more per month and sought verification of whether annual household income was $200,000 or more in 2014 and 2015. The DRA ruled against landlord. The DRA found that, after the building's J-51 tax benefits expired, tenant remained rent stabilized because his leases didn't contain J-51 riders advising him that the apartment was subject to deregulation upon expiration of J-51 benefits. Landlord appealed, and the case was reopened because the DRA's decision was incorrect. Public records showed that the apartment was subject to rent stabilization before the building first received J-51 tax benefits in July 1991. Therefore, the apartment was subject to high-rent/high-income deregulation after the J-51 benefits expired on June 30, 2012. 

230 East 48th Street LLC: DHCR Adm. Rev. Docket No. FV410037RO (9/28/18) [6-pg. doc.]