DHCR Directs Landlord to Register Apartments in J-51 Building as Rent Stabilized

The DHCR's DRA initiated a proceeding in 2019 after finding that landlord failed to properly register tenant's apartment as rent stabilized in 2018. The DRA notified landlord that NYC DOF records indicated that the building received J-51 benefits between July 1, 2017, and June 30, 2018. The DRA directed landlord to amend the 2018 building registration summary and register all 38 apartments in the building as rent stabilized for 2018 and 2019. Landlord appealed and lost. Landlord argued that Apt. B14 wasn't subject to rent stabilization because it was previously deregulated in May 2014 due to high-rent vacancy. But the building was receiving J-51 tax benefits in 2014 and the apartment couldn't have been vacancy deregulated at that time due to the J-51 tax abatement.

Sefa: DHCR Adm. Rev. Docket No. IU110001RO (4/8/21) [2-pg. doc.]