Building Containing Five Dwelling Units Wasn't Subject to Rent Stabilization

A tenant in landlord's building claimed that he was rent stabilized and sought a DHCR ruling concerning his status. The DRA ruled for tenant and directed landlord to give tenant a rent-stabilized lease and register his apartment. Landlord filed a PAR, and the DHCR denied his appeal. Landlord then filed an Article 78 court proceeding, claiming that the DHCR's decision was unreasonable. The DHCR agreed to take the case back for reconsideration, and then ruled for landlord.

An apartment is subject to rent stabilization if a building was constructed prior to Jan. 1, 1974, and contains at least six housing accommodations. Moreover, the addition of a sixth housing accommodation after Jan. 1, 1974, renders an entire building subject to rent stabilization regardless of the date that the addition takes place. The DHCR reinspected the building in June 2023 and found no proof that there were more than five housing accommodations in the building. The inspector found five dwelling units, four intercom buzzers, and one bell located outside the main entry door; four mailboxes inside the vestibule; an unoccupied cellar; a gas line in the cellar with only two gas meters; four electric meters located in the cellar; one central boiler; and one water heater in the cellar. The cellar contained no dwelling units. Although there was a bathroom located in the cellar, it had only a sink, its door was removed, and it was not used as a storage room. The suspected SRO units found in a prior inspection now had doors removed and were used as storage rooms. Otherwise, the basement through fourth-floor levels of the building contained a total of five apartments.

Arther: DHCR Adm. Rev. Docket No. LQ210006RP (8/25/23)[3-pg. document]