Apartment Became Deregulated When Tenant Moved Out and J-51 Tax Benefits Expired

Former tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant in part, finding no overcharge but directing landlord to base future rent increases on the $2,800 rent set as of April 30, 2017, when tenant moved out. Landlord appealed and won. The DHCR agreed that the apartment was vacancy deregulated after tenant moved out. J-51 tax benefits for the building expired on June 30, 2016, which was confirmed by the J-51 Building Profile and public property tax records on the DOF website.

Sixth Lenox Terrace Associates LLC: DHCR Adm. Rev. Docket No. LP410001RO (7/5/23)[2-pg. document]