Tenant Rent Stabilized Due to Inaccurate J-51 Lease Rider

Tenant complained of a reduction in services to his apartment. Landlord claimed that tenant was no longer rent stabilized, because the building's J-51 benefits had expired in 2006 and tenant's lease and renewal leases had advised tenant that the J-51 benefits and rent-stabilization status would expire. The DRA ruled for tenant. Landlord appealed and lost. Rent Stabilization Code Section 2520.11(o)(2) required landlord to give tenant a rider with each lease and renewal lease stating "the approximate date on which such tax benefit is scheduled to expire." Tenant's renewal leases stated that the J-51 benefits would expire on June 1, 2007. However, the J-51 benefits for the building expired on June 1, 2006. So the date stated in tenant's lease wasn't the approximate date of J-51 expiration, and tenant wasn't deregulated.

Awaye Realty Mgt. LLC: DHCR Adm. Rev. Docket No. VD210014RO (6/20/08) [6-pg. doc.]