Building Contained Five Apartments and One Store

LVT Number: 12399

The DRA issued an order finding that landlord's building was rent-stabilized. The DRA found that the building contained six apartments on May 31, 1968, and/or July 1, 1971, the rent stabilization base dates for this building. Landlord appealed, claiming that the building had contained five apartments and one store since the prior landlord converted one of the apartments in the 1950s. After holding a hearing, the DHCR ruled for landlord. Landlord proved that the ground-floor apartment had been converted to a store before the base date.

The DRA issued an order finding that landlord's building was rent-stabilized. The DRA found that the building contained six apartments on May 31, 1968, and/or July 1, 1971, the rent stabilization base dates for this building. Landlord appealed, claiming that the building had contained five apartments and one store since the prior landlord converted one of the apartments in the 1950s. After holding a hearing, the DHCR ruled for landlord. Landlord proved that the ground-floor apartment had been converted to a store before the base date. The prior landlord testified that before he bought the building in 1955, the ground-floor unit was rented to a furrier. The store, which later became a flower shop, still contained fur storage safes. The store unit also had no cooking facilities and no gas service.

Appelton: DHCR Adm. Rev. Dckt. No. GF210226RO (2/13/98) [3-page document]

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