Building Decontrolled After Landlord Stopped Getting J-51 Benefits

LVT Number: 17503

Landlord asked the DHCR for an order of decontrol. The DRA ruled for landlord. Landlord substantially rehabilitated its building after Jan. 1, 1974. Landlord got J-51 tax benefits from the city's Private Housing Finance Law Article 8 program. The apartments then became subject to rent control for the period that landlord received benefits under the program. Tenants appealed and lost. Under rent control regulations, tenants remained rent controlled only as long as required by the Article 8 program. The building wasn't otherwise subject to rent control because it was built after Feb.

Landlord asked the DHCR for an order of decontrol. The DRA ruled for landlord. Landlord substantially rehabilitated its building after Jan. 1, 1974. Landlord got J-51 tax benefits from the city's Private Housing Finance Law Article 8 program. The apartments then became subject to rent control for the period that landlord received benefits under the program. Tenants appealed and lost. Under rent control regulations, tenants remained rent controlled only as long as required by the Article 8 program. The building wasn't otherwise subject to rent control because it was built after Feb. 1, 1947. And the building was exempt from rent stabilization because it had been substantially rehabilitated.

Adames: DHCR Adm. Rev. Dckt. No. RB420031RT et al. (5/11/04) [3-pg. doc.]

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