Building Contains Six Apartments, Not Five

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent, based on landlord's failure to answer tenant's complaint. Landlord appealed and lost. Landlord argued that the building wasn't rent stabilized. The Certificate of Occupancy stated that it contained five apartments and an office. Tenant pointed out that his apartment had been registered with the DHCR as rent stabilized for 20 years, and said that the claimed medical office never existed but was in fact a residential unit. Landlord didn't explain why it didn't raise its claim before the DRA. And in another case, the DRA had ruled against landlord, finding that the evidence showed the building currently contained six apartments. So landlord couldn't now argue that the building wasn't rent stabilized.

1639 Nelson Avenue: DHCR Adm. Rev. Docket No. YH610037RO (1/5/11) [3-pg. doc.]