Units Covered After Tax Benefits Expired

April 1, 2001

LVT Number: 14897

Facts: Landlord sued to evict tenant when tenant's lease expired. Tenant claimed that he was entitled to a renewal lease because he was rent stabilized. Landlord claimed that tenant was previously rent stabilized under the J-51 tax benefit program, but that his apartment was no longer covered after the tax benefits expired. Court: Landlord loses. When tenant moved in, the building wasn't yet subject to J-51. But while under the J-51 program, landlord didn't give tenant the required notice in each of tenant's renewal leases during the tax benefit period.

Facts: Landlord sued to evict tenant when tenant's lease expired. Tenant claimed that he was entitled to a renewal lease because he was rent stabilized. Landlord claimed that tenant was previously rent stabilized under the J-51 tax benefit program, but that his apartment was no longer covered after the tax benefits expired. Court: Landlord loses. When tenant moved in, the building wasn't yet subject to J-51. But while under the J-51 program, landlord didn't give tenant the required notice in each of tenant's renewal leases during the tax benefit period. So when the J-51 benefits expired, the apartment remained subject to rent stabilization.

Spaeda v. Bakirtjy: 720 NYS2d 292 (Civ. Ct. NY 2000; Billings, J)

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