Building Converted from Factory to Residential Use in 2004

Tenant asked the DHCR to determine her rent regulatory status. She claimed that she was rent stabilized. Landlord claimed that the building was substantially rehabilitated after Jan. 1, 1974, without the benefit of tax abatements and therefore was exempt. The DRA ruled for tenant. Landlord appealed and won. DOB records confirmed that the building was converted from a factory to a nine-family dwelling during 2004 and a Certificate of Occupancy was issued on Aug. 24, 2006. The fact that landlord mistakenly described tenant’s apartment as rent stabilized in a 2012 housing court proceeding didn’t change the fact that the building was exempt from rent stabilization.

Negev, LLC: DHCR Adm. Rev. Docket No. CO210034RO (9/25/15) [3-pg. doc.]