Landlord Previously Received 421-a Benefits

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for destabilization of tenant's apartment based on high-rent deregulation rules. The DRA ruled for landlord, finding that tenant's rent was over $2,000 per month and tenant's annual household income exceeded $250,000. Tenant appealed, claiming that her apartment was exempt from high-rent deregulation because landlord received benefits under Real Property Tax Law section 421-a. The DHCR ruled against tenant. The 421-a benefit period for the building expired within 10 years after the building was first registered with the DHCR in 1984. Only apartments in buildings that are still within the 421-a benefit period are exempt under the rent stabilization code from high-rent deregulation.

Hoffman: DHCR Admin. Rev. Dckt. No. JF410002RT (4/26/96) [3-page document]