Tenant Contesting Removal of Utility Credit Wasn't Rent Stabilized

February 24, 2021

LVT Number: #31265

Tenant complained to the DHCR that landlord failed to offer her a renewal lease on the same terms and conditions as her expiring lease, and had taken away a utility credit that was part of her original lease term. Landlord pointed out that the utility credit in tenant's prior leases was a mistake, and that the apartment was a moderate-income unit authorized by a Regulatory Agreement with HUD. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost.

Tenant complained to the DHCR that landlord failed to offer her a renewal lease on the same terms and conditions as her expiring lease, and had taken away a utility credit that was part of her original lease term. Landlord pointed out that the utility credit in tenant's prior leases was a mistake, and that the apartment was a moderate-income unit authorized by a Regulatory Agreement with HUD. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Tenant's building, part of the Gotham West Apartments Project complex and owned by a Housing Development Fund Corporation (HDFC), was subject to the Regulatory Agreement with the NY State Housing Finance Agency and HPD. Tenant therefore wasn't subject to the DHCR's authority. The Regulatory Agreement also addresses the issue of the utility credit, and whether the apartment qualifies for a utility credit is determined by HPD.

Doss: DHCR Adm. Rev. Docket No. IT410014RT (11/9/20) [2-pg. doc.]

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