Tenant in PHFL Co-op Not Subject to Rent Stabilization

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,800, including triple damages. Landlord appealed and won. Tenant wasn't subject to rent stabilization because the building had been converted to a Housing Development Fund Corporation cooperative pursuant to the federal Private Housing Finance Law and under the supervision of HPD. So her complaint must be dismissed. Even though landlord didn't raise this issue before the DRA, the agency had no authority to rule on tenant's complaint since the building was exempt from stabilization. 

519 W. 160th Street HDFC: DHCR Adm. Rev. Docket No. ZD410042RO (3/20/14) [2-pg. doc.]