Tenant Who Moved into Apartment After 421-a Benefits Expired Wasn't Rent Stabilized

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant moved into the building after Real Property Tax Law 421-a tax benefits had expired. The building was subject to rent stabilization while the building received these tax benefits but was no longer rent stabilized after the 421-a benefits expired. The DHCR pointed out that RSC Section 2520.11(p)(1) provides that the Rent Stabilization Law applies to any housing accommodations made subject to regulation under the law except units originally subject to regulation solely as a condition of receiving tax benefits under  RPTL 421-a that became vacant after the benefits expired. Tenant had no standing to challenge any prior rent increases while the apartment was rent stabilized.

Aptaker: DHCR Adm. Rev. Docket No. LN410028RT (4/27/23)[3-pg. document]