Building Received J-51 Tax Benefits on Base Rent Date

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that her apartment was deregulated on the base rent date. The monthly rent for the apartment was greater than $2,000 four years before the date tenant's complaint was filed. Tenant appealed, and the case was reopened. Public records indicated that landlord was receiving J-51 tax abatement benefits for the building on the base rent date. If so, high-rent deregulation rules didn't apply, and tenant could maintain an overcharge complaint. The case was sent back to the DRA to determine the facts.

Billon: DHCR Adm. Rev. Docket No. YI410031RT (1/20/11) [2-pg. doc.]