Darryl C. Towns Commissioner Andrew M. Cuomo Governor New York State Homes and Community Renewal 1 8 Tenant Protection Unit Gertz Plaza 92-31 Union Hall Street Jamaica, NY 11433 August 14, 2014 Paul Bogoni 81.! Realty Company 945 West End Avenue New York, NY 10025 J-51 Tax Abatement Registration Notice Subject Building: 945 West End Ave. New York, NY 10025 Dear Mr. Bogoni: In 2012, Governor Andrew M. Cuomo created the Tenant Protection Unit (TPU), a unit within New York State Homes and Community Renewal (DHCR), to proactively increase and enforce compliance with New York State?s rent laws. As a condition of receiving a J-5l tax abatement for a residential rehabilitation, owners of buildings receiving such abatements must register those buildings and units as rent regulated. Buildings receiving these abatements are also subject to all the applicable rules and regulations for rent regulated buildings and units. Pursuant to Roberts v. Tishman Speyer Props, LP, 13 270 (2009), beneficiaries of the .l-Sl program are precluded from using the Rent Stabilization Law's "high rent" or "high income" exclusions to deregulate their rent-stabilized apartments. in Roberts, the Court of Appeals further determined that the receipt of tax benefits subjects all apartments to rent stabilization, as landlords who receive tax bene?ts agree to be governed by rent regulatory statutes. The rent registration information on record with DHCR indicates that the above?referenced building has been receiving a .l-Sl Tax Abatement from 2005 to the present. records further indicate that the above-referenced building contains numerous units that were once registered with DHC as rent regulated. but no longer are. According to our records, these apartments are: 3A, 33, 3D, 4D, 5A, 8A, 9D, and 10D. The law requires you to register those units with DHCR immediately. The Amended Annual Registration Summary Form and the Annual Apartment Registration Form. for the building and the individual apartments respectively. can be found at inn-i a. in. he? n: In addition to registering those apartments, you are also required to provide rent stabilized leases to every tenant residing in your building as well as notice to those tenants indicating that their apartment is rent stabilized. Please attach this letter and the completed originals of the aforementioned documents and mail both to: Administration Rent Regulation Department, New York State Homes and Community Renewal, Hampton Plaza, Rm. 5055, 38-40 State Street, Albany, NY 12207. PleaSe note, this letter will act? as the necessary "administrative determination? requirement for amending and registering your building and its apartments. Furthermore, please submit copies of all building and apartment registration documents? and a copy of every rent stabilizaed lease to?: Tenant Protection Unit, New York State. Homes and Community Renewal, Gertz' Plaza, 92-31 Union Hall Street, Jamaica, NY 11433, Attention: Gregory C. Fewer. or electronically to As you know, owners are required to maintain records necessary to prove that their building and all ofthe apartments within the building have been properly registered with HCR. Your failure to provide this documentation within thirty (30) days may result in further action by TPU to ensure that your building and all of the apartments within the building are registered properly with HCR. The TPU expressly reserves the right to exercise all rights, remedies, investigations and inquiries, whether judicial, administrative or before any other investigative forum or body, that may be exercised with respect to this/these apartment(s) and the building. Please note that my of?ce will be closely monitoring this matter. Thank you in advance for your compliance. Best regards, Gregory C. Fewer Bureau Chief Tenant Protection Unit Cc: Hon. Daniel O?Donnell New York State Assembly (69?h District) 245 West 104?h Street New York, NY l0025