Building Converted Using Noneviction Plan

Landlord, a cooperative building corporation, claimed that tenant was unregulated because he moved into the building after a noneviction co-op conversion plan was accepted by the attorney general's office. Tenant claimed he was rent stabilized because he lived in the apartment before the conversion plan was filed. The DHCR ruled for tenant. Landlord appealed and lost. Tenant produced sufficient proof of prior occupancy, including a rent bill, a letter from Con Edison, a voter registration card, and initial apartment registration records. And the DHCR had the authority to rule on this question. Prior landlord, the co-op sponsor, filed an affidavit with the attorney general stating that tenant had moved in 20 days after acceptance of the conversion plan. But the attorney general had no obligation to verify the accuracy of this statement, and it didn't prevent the DHCR from making its ruling.

160 Bleecker St. Owners, Inc. v. DHCR: NYLJ, 3/30/06, p. 26, col. 5 (App. Div. 1 Dept.; Nardelli, JP, Sweeny, McGuire, Malone, JJ)