Building Contained Sixth Illegal Unit on Base Date

The DRA ruled that landlord's building had six units on June 30, 1974, and was subject to rent stabilization. Landlord appealed, claiming that he'd added, but later removed, some extra rooms in the basement during a period when his family needed extra space, but that the illegal unit was removed before the base date. The DHCR ruled against landlord. HPD placed a violation on the building in 1974 for the illegal apartment and a May 23, 1974, inspection report stated that the unit contained a kitchen and bathroom. Landlord submitted no proof that the unit was removed before the base date. There was other proof that the unit was rented out for at least three years. Even though the basement unit was illegal, the building was subject to rent stabilization since it contained six units on the base date.

Ou: DHCR Adm. Rev. Dckt. No. DA210126RO (1/24/97) [3-page document]