Improper Deregulation and Rent Overcharge Not Based on Fraud
LVT Number: #31106
Tenant complained to the DHCR of rent overcharge. Landlord claimed that tenant was no longer rent stabilized because the building's J-51 tax benefits had expired in 1996. The DHCR ruled for tenant, after looking back more than four years and finding that not all of tenant's renewal leases contained a J-51 rider notifying tenant that the apartment would be deregulated when J-51 benefits expired. So the apartment remained rent stabilized, and the DHCR found an overcharge. Landlord filed an Article 78 court appeal of DHCR's decision.