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Does the stuy town ruling mean that coops should no longer let sponsors rent market rate apartments????? (we have a sponsor that keeps doing this over and over)
Who is affected by the decision?
The decision serves as a reminder to tenants to check to see whether their buildings receive J-51 benefits, even if the case did not specifically deal with the exact category of building they live in. Every apartment in buildings that now receive J-51 benefits, except co-ops and condos, must be governed by some form of rent regulation. )To find out whether a building received or receives J-51 benefits, go to www.nyc.gov/html/dof/html/property/property_tax_reduc_j_51.shtml. Searching will require that you know the block and lot number for your building, which you can get at http://a836-acris.nyc.gov/Scripts/Coverpage.dll/index.)
Any tenant that moved into a building as a supposedly deregulated tenant might instead be rent-stabilized, if either (a) the building is now getting J-51 benefits, or (b) the building used to get J-51 benefits during the tenancy of the current tenant, and the tenant did not get notice, in the first lease and in every renewal, saying that the apartment can be deregulated when the benefits expire.
In addition, a stabilized tenant might be exempt from high-income deregulation under similar circumstances.
Once a tenant is rent-stabilized because he or she is in one of these categories, the apartment remains stabilized even if the building goes condo or co-op. If the building went co-op or condo before the tenant takes occupancy, though, the tenant cannot be rent-stabilized.
Tenants who would be in these categories but who have left their supposedly deregulated apartments are affected too: If they left less than four years ago, they can sue for overcharges. It is doubtful, however, that they could ever regain possession.
Only tenants who were in occupancy at the time when J-51 benefits were received can benefit. If the building got benefits but they expired before the current tenant took occupancy, it is doubtful that the current tenant can benefit (at least not without a lot of legal wrangling).
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If you live in a coop that gets the J51 and your sponsor has been de-regulating his apt. as they become available it seems that this has been illegal and all of them must be re-regulated and the rents reduced. Can anyone confirm this?
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