DHCR Reopens Deregulation Proceeding for Reconsideration

LVT Number: #26829

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment in 2013. The DRA ruled for landlord based on tenant’s admission in the answer that relevant household income was more than $200,000 per year during 2011 and 2012. Tenants appealed and lost. Tenants claimed that the building had received J-51 tax benefits. The DRA had reopened the underlying deregulation application for review and reconsideration in August 2015. Therefore, since the order of deregulation was no longer in effect, tenant’s PAR was terminated as moot.

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment in 2013. The DRA ruled for landlord based on tenant’s admission in the answer that relevant household income was more than $200,000 per year during 2011 and 2012. Tenants appealed and lost. Tenants claimed that the building had received J-51 tax benefits. The DRA had reopened the underlying deregulation application for review and reconsideration in August 2015. Therefore, since the order of deregulation was no longer in effect, tenant’s PAR was terminated as moot. Either side can file a new PAR after the DRA issued another decision on landlord’s 2013 application for high-rent/high-income deregulation.

 

 

 
Cardew/Chatfield: DHCR Adm. Rev. Docket No. DS410032RT (12/10/15) [2-pg. doc.]

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