421-a Building Tenant Never Received Lease Rider Notification of Status

April 26, 2024

LVT Number: #33164

Landlord sued to evict tenant and claimed that the apartment was unregulated. Tenant argued that she was subject to rent stabilization and asked the court to dismiss the case without trial. The court ruled for tenant. The buiding received RPAPL Section 421-a tax benefits. Under this program, rents fell under the control of rent stabilization, even if a building would otherwise be exempt from rent regulation. Rent stabilization coverage ends only after expiration of the 421-a tax benefits and tenants have been provided with lease rider notices of the estimated expiration date.

Landlord sued to evict tenant and claimed that the apartment was unregulated. Tenant argued that she was subject to rent stabilization and asked the court to dismiss the case without trial. The court ruled for tenant. The buiding received RPAPL Section 421-a tax benefits. Under this program, rents fell under the control of rent stabilization, even if a building would otherwise be exempt from rent regulation. Rent stabilization coverage ends only after expiration of the 421-a tax benefits and tenants have been provided with lease rider notices of the estimated expiration date. Here, tenant showed that the building was subject to 421-a benefits for the 2018-2019 tax year when she moved in, and landlord never gave tenant any notice of the building's 421-a status.

Singh v. Silva: Index No. 327624/23, 2024 NY Slip Op 30561(U), NYLJ No. 1709022088 (Civ. Ct. Bronx; 2/22/24; Lutwak, J)

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