Tenant in 421-a Building Since 1976 Remained Rent Stabilized After Tax Benefits Expired

Tenant in a 421-a building complained that landlord failed to offer him a rent-stabilized renewal lease. Tenant had lived in the apartment since 1976. The DRA ruled for tenant and directed landlord to offer a renewal lease. Landlord appealed and lost. The 1987 Rent Stabilization Code stated that, under 1984 and 1985 law, any housing accommodation that first because subject to the RSL under RPTL 421-a on or before July 3, 1984, remained rent stabilized until it "became vacant." Otherwise, any unit that first became subject to stabilization under 421-a after July 3, 1984, could be destabilized only upon expiration of the 421-a benefit period if the tenant at the time of expiration of the 421-a benefit period were given proper notices. Here, since the apartment became subject to rent stabilization under 421-a on July 1, 1977, and continued to receive such benefits after July 3, 1984, the apartment couldn't be deregulated until tenant moved out. 

Mahabir: DHCR Adm. Rev. Docket No. MQ110071RV (9/18/24)[5-pg. document]