Building Converted from Six to Four Apartments Remains Rent Stabilized

Rent-stabilized tenant filed a specific rent overcharge complaint in 2014, claiming that landlord hadn’t registered her apartment since 1995. The DRA ruled for tenant and ordered landlord to register tenant’s apartment for the years 2010 through 2014. Landlord appealed and lost. Landlord claimed that tenant’s complaint was retaliatory because landlord had sued to evict tenant for nonpayment of rent. The building was a four-family dwelling that landlord argued wasn't subject to rent stabilization. A 1999 Certificate of Occupancy and HPD multiple dwelling records listed the building as having four apartments. But the DHCR noted that landlord made no claim that conversion of the building from six to four apartments in 1999 was the result of a substantial rehabilitation, and it wouldn’t consider this claim for the first time on appeal. Landlord had argued only that tenant was exempt from rent stabilization because the building contained four apartments. But the building had six apartments, and therefore was subject to rent stabilization, when the building became subject to the Rent Stabilization Law. The building also was registered as having six apartments between 1984 and 1995. 

Johnson: DHCR Adm. Rev. Docket No. DQ210004RO (7/10/15) [4-pg. doc.]