Tenant Moved into Rehabbed Building After J-51 Expired

Tenant complained that landlord refused to give him a renewal lease. Landlord claimed that the building was no longer rent stabilized and no renewal lease was required for tenant. The DRA ruled for tenant. Landlord appealed and won. The building had been substantially rehabilitated in 1983. At that time, landlord obtained a J-51 tax abatement, which subsequently expired in 2004/2005. In a prior proceeding, the DHCR had ruled that each of the stabilized apartments in the building that had been continuously occupied before the J-51 tax abatement expired would remain rent stabilized until the current tenant vacated. But in this case, tenant didn't move into his apartment until June 1, 2006, which was after the J-51 benefits had expired. So the apartment was deregulated when tenant moved in, and tenant wasn't entitled to a rent-stabilized renewal lease.

St. John's 510 Associates: DHCR Adm. Rev. Docket No. ZL210019RO (6/3/13) [3-pg. doc.]