In Matter of 73 Warren St., LLC v. State of N.Y. Div. of Hous. & Community Renewal, 96 AD3d 524 [1st Dept 2012] the Appellate Division, First Department was asked to decide whether a dwelling unit that was rent-stabilized because of the building's receipt of J-51 tax benefits was excluded from high rent/high income deregulation under Administrative Code 26-504.1. There, the Court determined that the exception to the exclusion from high rent/high income deregulation under Administrative Code 26-504.1 applied only to buildings receiving section 421-a tax benefits. Accordingly, the Court did not permit the owner to commence a high rent/high income deregulation proceeding.