Tenant Didn't Receive All Required 421-a Lease Riders

Tenant complained that landlord failed to offer her a valid rent-stabilized renewal lease. Landlord claimed that the apartment was no longer subject to rent stabilization because 421-a tax benefits received for the building had expired. And landlord argued that she now needed the apartment for owner-occupancy purposes.

The DRA ruled against landlord, who appealed and lost. Although the building was rent stabilized only as a result of 421-a tax benefit coverage, landlord had failed to include a 421-a rider in each of tenant's leases since the inception of her tenancy. So, by law, the tenant remained subject to rent stabilization after the 421-a tax benefits expired, and until she moved out of the unit. Also, if landlord sought to recover tenant's rent-stabilized apartment for owner occupancy, she had to commence a housing court eviction proceeding on that grounds. The month-to month leases offered to tenant in 2002 and 2023 were invalid lease renewals under rent stabilization. The DHCR directed landlord to offer tenant a proper rent-stabilized renewal lease.

Ifill: DHCR Adm. Rev. Docket No. LX210018RO (3/4/24)[2-pg. document]