Building Converted to Co-op

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) After HPD issued a vacate order for landlord's building, the DRA issued an order reducing rent-controlled tenants' rents to $1.00 per month until services were restored. Landlord appealed. The DRA's order wasn't based on any complaint by tenants. Landlord claimed that the building wasn't subject to rent control. The DHCR ruled for landlord. The DRA's order was based solely on its review of HPD's vacate order and the DHCR records showing that, at one time, there were rent-controlled apartments in the building. Landlord showed that since 1998, the building was a not-for-profit cooperative building, and that all residents were cooperative shareholders. The building wasn't covered by rent control, and the DHCR had no authority to regulate rents in the building.

Sdeo: DHCR Admin. Rev. Dckt. No. PA630075RO (5/8/02) [3-pg. doc.]