Tenant Who Moved in After Tax Benefit Expired Was Unregulated

Tenant complained that landlord refused to offer him a rent-stabilized renewal lease. Landlord claimed that tenant was unregulated. The DRA ruled for tenant and ordered landlord to offer the renewal. Landlord appealed and won. Tenant relied on a 2008 court decision affecting other building tenants, where the court ruled that landlord must offer stabilized renewal leases because the building had received 421-a tax benefits and landlord never included lease riders advising tenants that they were subject to deregulation when the benefits ended. But tenant moved into the building after the 421-a benefits expired, so he wasn't in the same situation as tenants covered by the court order. Tenant was unregulated, and no rent-stabilized renewal lease was required.

US Suite LLC: DHCR Adm. Rev. Docket No. YB410063RO (8/18/10) [2-pg. doc.]