Section 8 Coverage Doesn't Exempt Apartment

LVT Number: 6887

Tenant complained of a reduction in building-wide services. The DRA ruled for tenant, and reduced his rent. Landlord appealed, claiming that tenant's rent was paid in part by HUD through a Section 8 subsidy. Based on this, landlord claimed that tenant's apartment wasn't subject to rent stabilization. The DHCR denied landlord's PAR. Landlord's acceptance of a Section 8 rent subsidy paid on tenant's behalf doesn't remove the apartment from rent stabilization. The fact that the building may be subject to a mortgage guaranteed by HUD doesn't exempt the apartment either.

Tenant complained of a reduction in building-wide services. The DRA ruled for tenant, and reduced his rent. Landlord appealed, claiming that tenant's rent was paid in part by HUD through a Section 8 subsidy. Based on this, landlord claimed that tenant's apartment wasn't subject to rent stabilization. The DHCR denied landlord's PAR. Landlord's acceptance of a Section 8 rent subsidy paid on tenant's behalf doesn't remove the apartment from rent stabilization. The fact that the building may be subject to a mortgage guaranteed by HUD doesn't exempt the apartment either.

Gold: DHCR Adm. Rev. Dckt. No. BH 610119-RO (2/25/93) [2-page document]

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