Apartment in J-51 building not subject to deregulation.

Position:RENT STABILIZATION COVERAGE
 
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Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that prior tenant's rent was legally increased to $2,054 in 2004, so the apartment was exempt from rent stabilization. Tenant appealed, claiming that landlord didn't prove that individual apartment improvements were made to warrant the 2004 rent increase. Tenant also argued that the building was receiving J-51 tax benefits and therefore wasn't subject to high-rent deregulation.

The DHCR ruled against tenant in February 2009, but reopened the case in March 2009 to consider the possible impact of the court case of Roberts v. Tishman Speyers LP. In October 2009, New York's highest court ruled in Roberts that luxury...

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