Apartment Deregulated After J-51 Benefits Expired

November 1, 2002

LVT Number: 16219

Tenant complained of a rent overcharge. Landlord claimed that the building was no longer subject to rent stabilization because J-51 benefits expired in 1997 and the building wasn't otherwise subject to stabilization. The DRA ruled for landlord and dismissed the complaint. Tenant appealed, claiming that his initial lease stated that he was rent stabilized. The DHCR ruled against tenant. Tenant unquestionably moved into the building after the J-51 benefits ended. If landlord mistakenly gave tenant a rent-stabilized lease, this didn't create a rent-stabilized tenant.

Tenant complained of a rent overcharge. Landlord claimed that the building was no longer subject to rent stabilization because J-51 benefits expired in 1997 and the building wasn't otherwise subject to stabilization. The DRA ruled for landlord and dismissed the complaint. Tenant appealed, claiming that his initial lease stated that he was rent stabilized. The DHCR ruled against tenant. Tenant unquestionably moved into the building after the J-51 benefits ended. If landlord mistakenly gave tenant a rent-stabilized lease, this didn't create a rent-stabilized tenant. Rent stabilization can't be created by mistake.

Orlandi: DHCR Admin. Rev. Dckt. No. QG410004RT (9/23/02) [2-pg. doc.]

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