Low-Income Housing Co-op Apartment Was Exempt from Rent Stabilization

Tenant complained to the DHCR that landlord had failed to offer her a renewal lease. The DRA ruled for tenant and ordered landlord to give tenant a rent-stabilized renewal lease. Landlord appealed and won. Landlord pointed out that it was a housing development fund corporation (HDFC), organized and operating under Article XI of the Private Housing Finance Law (PHFL) of the State of New York, which is operated exclusively for charitable purposes on a nonprofit basis. Therefore, the building, also a co-op, is exempt from rent regulation and the jurisdiction of the DHCR. Tenant, as a tenant in a low-income housing cooperative organized under Article XI, wasn’t subject to rent stabilization, and landlord had no obligation to offer her a rent-stabilized renewal lease.

61 West 105th Street HDFC: DHCR Adm. Rev. Docket No. ZG410018RO (10/18/16) [4-pg. doc.]