J-51 Tenant Remains Rent Stabilized

LVT Number: 19387

Tenant complained of a rent overcharge. He said that landlord collected rent increases from him while a rent reduction order and rent freeze were in effect. Landlord claimed that tenant was no longer rent stabilized, because the building had been substantially rehabilitated and tenant was only regulated while J-51 tax benefits were in effect. The DRA ruled for tenant. Landlord appealed and lost. Tenant remained rent stabilized after J-51 benefits expired, because tenant's leases didn't include required provisions informing tenant of the expiration of the J-51 benefits.

Tenant complained of a rent overcharge. He said that landlord collected rent increases from him while a rent reduction order and rent freeze were in effect. Landlord claimed that tenant was no longer rent stabilized, because the building had been substantially rehabilitated and tenant was only regulated while J-51 tax benefits were in effect. The DRA ruled for tenant. Landlord appealed and lost. Tenant remained rent stabilized after J-51 benefits expired, because tenant's leases didn't include required provisions informing tenant of the expiration of the J-51 benefits.

Figliolia: DHCR Adm. Rev. Docket No. UJ210007RK (11/20/06) [3-pg. doc.]

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