Apartment in Noneviction Co-op Building Subject to High-Rent/High-Income Deregulation

Landlord applied for high-rent/high-income deregulation of tenants' combined rent-controlled apartments. Tenants argued that they must remain rent controlled under the state cooperative conversion law. The building had been converted to a co-op in 1983 under a noneviction plan. The DRA ruled against tenants. Tenants appealed and lost. There is no provision in the Rent Control Law that exempts such apartments from high-rent/high-income deregulation. The General Business Law provisions governing cooperative conversions give tenants no greater rights under rent control than any other rent-controlled tenant.

Ettinger: DHCR Adm. Rev. Dckt. No. QI420003RT (1/14/05) [5-pg. doc.]