Section 8 Tenants in ETPA Buildings Remain Covered

September 30, 1993

LVT Number: 8263

In an opinion letter, the DHCR advised landlord that tenants who live in units in ETPA buildings and who also get Section 8 rent subsidies remain subject to rent stabilization. Some sections of the ETPA provide for exemption from rent stabilization of certain apartments covered by federal or state housing programs. But landlord's buildings were neither owned nor operated by the federal government or a public housing authority. And they weren't subject to federal mortgage insurance.

In an opinion letter, the DHCR advised landlord that tenants who live in units in ETPA buildings and who also get Section 8 rent subsidies remain subject to rent stabilization. Some sections of the ETPA provide for exemption from rent stabilization of certain apartments covered by federal or state housing programs. But landlord's buildings were neither owned nor operated by the federal government or a public housing authority. And they weren't subject to federal mortgage insurance. The Section 8 contract rent also was limited to the ETPA legal regulated rent for the units in the building.

DHCR Opinion Ltr. by Nathaniel Geller (2/18/93) [3-page document]

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