Tenant Took Occupancy Before Tax Abatement Ended

June 30, 1997

LVT Number: 11617

Tenant complained of a rent overcharge. Tenant's first lease began on July 1, 1984. Landlord claimed tenant wasn't rent-stabilized because the J-51 tax abatement expired on June 30, 1984, and the building wasn't otherwise subject to rent stabilization. Tenant showed that she'd actually moved into the apartment in April 1984, even though the lease didn't start until July 1. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord. Tenant showed that she moved in before June 30, 1984. So tenant was subject to rent stabilization.

Tenant complained of a rent overcharge. Tenant's first lease began on July 1, 1984. Landlord claimed tenant wasn't rent-stabilized because the J-51 tax abatement expired on June 30, 1984, and the building wasn't otherwise subject to rent stabilization. Tenant showed that she'd actually moved into the apartment in April 1984, even though the lease didn't start until July 1. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord. Tenant showed that she moved in before June 30, 1984. So tenant was subject to rent stabilization.

Homestock 23 Realty Co.: DHCR Adm. Rev. Dckt. No. DF110413RO (2/7/97) [2-page document]

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