Tenant Moved into Building After Sub Rehab Exemption Took Effect

Landlord applied to the DHCR for a determination that its building was exempt from rent stabilization as the result of a substantial rehabilitation in 1989. The DRA ruled for landlord but found that tenants of four apartments who had been in occupancy during a J-51 tax benefit period that lasted from 1989-2012 remained rent-stabilized because they didn't receive J-51 lease riders advising them that their rent-stabilized status would end when the tax benefits ended. A tenant of another apartment appealed, claiming that she also was rent stabilized because her leases didn't include J-51 riders. DHCR ruled against this tenant. She moved into the building in 2017, after the sub rehab exemption became effective and after J-51 tax benefits for the building expired.

Cerimovic: DHCR Adm. Rev. Docket No. LW210023RT (2/29/24)[2-pg. document]