Prior Ruiling Determined Building Not Rent Stabilized

February 6, 2012

LVT Number: #23876

Tenant claimed that she was subject to rent stabilization and asked the DHCR to make a ruling on that question. Tenant showed a document signed by landlord's managing agent stating that the building was receiving 421-a tax benefits. The DRA ruled against tenant, who appealed and lost. In a prior rent overcharge proceeding tenant commenced a year earlier, the DRA had found that the building contained fewer than six apartments and wasn't receiving 421-a tax benefits. This decision wasn't appealed, and tenant couldn't raise the same issue again in a new DHCR proceeding.

Tenant claimed that she was subject to rent stabilization and asked the DHCR to make a ruling on that question. Tenant showed a document signed by landlord's managing agent stating that the building was receiving 421-a tax benefits. The DRA ruled against tenant, who appealed and lost. In a prior rent overcharge proceeding tenant commenced a year earlier, the DRA had found that the building contained fewer than six apartments and wasn't receiving 421-a tax benefits. This decision wasn't appealed, and tenant couldn't raise the same issue again in a new DHCR proceeding.

Hampton: DHCR Adm. Rev. Docket No. YJ220048RT (12/16/11) [2-pg. doc.]

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