Tenant Claims Rent-Stabilization Status

July 8, 2012

LVT Number: #24207

Tenant complained of a rent overcharge. Landlord claimed that tenant's apartment was deregulated due to high-rent vacancy. The DRA dismissed the complaint. Tenant appealed, and the case was reopened. Tenant claimed, for the first time, that the building had received a J-51 tax abatement and that the term of the J-51 benefits hadn't expired. Therefore, landlord improperly deregulated the apartment. Landlord argued that, since tenant didn't raise this issue before the DRA and offered no excuse for not doing so, he couldn't raise the issue now.

Tenant complained of a rent overcharge. Landlord claimed that tenant's apartment was deregulated due to high-rent vacancy. The DRA dismissed the complaint. Tenant appealed, and the case was reopened. Tenant claimed, for the first time, that the building had received a J-51 tax abatement and that the term of the J-51 benefits hadn't expired. Therefore, landlord improperly deregulated the apartment. Landlord argued that, since tenant didn't raise this issue before the DRA and offered no excuse for not doing so, he couldn't raise the issue now. But since the issue relates to whether the DHCR had jurisdiction over tenant's claim, it was proper to reopen the case.

Vazquez: DHCR Adm. Rev. Docket No. YA110045RT (5/25/12) [2-pg. doc.]

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