Building Containing Six Apartments Was Rent Stabilized

Tenant asked the DHCR for a ruling on whether her apartment was rent stabilized. Landlord claimed that the building contained only five apartments and therefore wasn't subject to rent stabilization. The DRA ruled for tenant. Landlord appealed and lost. Under Rent Stabilization Law Section 26-504, an apartment is rent stabilized if the building was constructed before Jan. 1, 1974, and contained at least six housing accommodations. DHCR inspection showed that the building contained one basement apartment, two apartments on the first floor, two apartments on the second floor, and one apartment on the third floor. All units were occupied at the time of DHCR inspection, and there were seven door bells at the main building door. Landlord submitted no proof in opposition showing that the building contained five units. 

Stoopside LLC: DHCR Adm. Rev. Docket No. HS410016RO (3/26/21) [3-pg. doc.]