Apartment Was Previously Commercial

LVT Number: 7032

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that landlord didn't submit a complete rent history. Landlord appealed, claiming that the building was originally a commercial loft building and that no residential rent histories existed prior to 1978. At that time, the building was converted to residential use and 35 apartments were created. The DHCR held a hearing and agreed that the building was residential only as of 1978.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that landlord didn't submit a complete rent history. Landlord appealed, claiming that the building was originally a commercial loft building and that no residential rent histories existed prior to 1978. At that time, the building was converted to residential use and 35 apartments were created. The DHCR held a hearing and agreed that the building was residential only as of 1978. Landlord submitted copies of the 1978 certificate of occupancy (C of O), the 1979 amended C of O, and the HPD certificate of approval for J-51 benefits dated 1978. Tenant's rent was recalculated, and there was only a small overcharge.

65 4th Avenue, Apt. 4D: DHCR Adm. Rev. Dckt. No. ARL 02540-L (3/19/93) [6-page document]

Downloads

ARL02540-L.pdf378.16 KB