Substantially Rehabbed Building Exempt from Rent Stabilization

LVT Number: #22740

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $34,000. Landlord said that tenant was unregulated. Tenant claimed that he was rent stabilized and was being overcharged. The court ruled against tenant, who appealed and lost. Landlord proved that the building had been substantially rehabilitated after Jan. 1, 1974, and therefore was exempt from stabilization. And although landlord had applied for J-51 tax benefits, it never received them.

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $34,000. Landlord said that tenant was unregulated. Tenant claimed that he was rent stabilized and was being overcharged. The court ruled against tenant, who appealed and lost. Landlord proved that the building had been substantially rehabilitated after Jan. 1, 1974, and therefore was exempt from stabilization. And although landlord had applied for J-51 tax benefits, it never received them.

Clinton Hill Lofts v. Soleil: NYLJ, 6/28/10, p. 37, col. 4 (App. T. 2 Dept.; Pesce, PJ, Weston, Golia, JJ)