Building Converted from Industrial Use Not Stabilized

LVT Number: #23866

Tenant complained that landlord didn't offer him a proper rent-stabilized renewal lease. The DRA ruled for tenant after landlord failed to answer the complaint, and ordered landlord to send tenant a proper renewal lease. Landlord appealed and won. Landlord explained that it didn't answer tenant's complaint because the DRA sent it to the wrong address. Landlord also showed that the building had been a warehouse until 2003, when landlord converted it to residential use. So the building wasn't subject to rent stabilization.

Tenant complained that landlord didn't offer him a proper rent-stabilized renewal lease. The DRA ruled for tenant after landlord failed to answer the complaint, and ordered landlord to send tenant a proper renewal lease. Landlord appealed and won. Landlord explained that it didn't answer tenant's complaint because the DRA sent it to the wrong address. Landlord also showed that the building had been a warehouse until 2003, when landlord converted it to residential use. So the building wasn't subject to rent stabilization. Landlord had registered the building with the DHCR at some point because it applied for J-51 tax benefits. But landlord's J-51 application was rejected by the city, so the building never became subject to rent stabilization.

Conway: DHCR Adm. Rev. Docket No. ZC210022RO (12/6/11) [2-pg. doc.]

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