DHCR Mistakenly Directed HDFC Co-op Building to Register as Rent Stabilized

LVT Number: #31486

The DHCR's Rent Administrator initiated a proceeding against landlord, claiming that it had failed to register its building as rent stabilized in 2018. The DRA's ruling was based on its review of NYC Dept. of Finance (DOF) records indicating that the building received J-51 tax benefits for fiscal year 2017/2018. After landlord failed to respond to the DRA's notice, the DRA issued an order directing landlord to file rent registrations for 2018. Landlord appealed and won.

The DHCR's Rent Administrator initiated a proceeding against landlord, claiming that it had failed to register its building as rent stabilized in 2018. The DRA's ruling was based on its review of NYC Dept. of Finance (DOF) records indicating that the building received J-51 tax benefits for fiscal year 2017/2018. After landlord failed to respond to the DRA's notice, the DRA issued an order directing landlord to file rent registrations for 2018. Landlord appealed and won. Landlord showed that the building was a Housing Development Fund Corporation low-income cooperative, organized under Article XI of the Private Housing Finance Law and NY Business Corporation Law Section 402. This building wasn't within the DHCR's jurisdiction at the time of the DRA's determination, and not subject to rent stabilization. So landlord couldn't be directed to register the building for 2018. The DRA's order was revoked. 

Joseph Cardona Memorial -239 East 2 Street HDFC: DHCR Adm. Rev. Docket No. IN410019RO (6/4/21)[2-pg. document]

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