Building That Currently Contained Six or More Apartments Was Rent Stabilized

Tenant filed an "AD" application and asked the DHCR to rule on whether he was subject to rent regulation. Landlord claimed that the building was legally converted to a five-unit apartment building in 1936 and therefore was unregulated. The DRA ruled for tenant and determined that the building was rent stabilized.

Landlord appealed and lost. The DRA found that the building was built prior to Jan. 1, 1974, and contained six units. There currently were two duplex apartments on the first floor that extended into the basement. The DHCR's inspector found the building had three floors with two apartments on each floor. There also appeared to be an additional apartment in the basement.The building had six mailboxes with tenant names listed on each mailbox. The DHCR noted that the addition of a sixth housing accommodation to a building rendered the entire building subject to rent stabilization regardless of the date the addition took place, and regardless of the legality of the additional unit. 

Eastern Parkway Mgmt. LLC: DHCR Adm. Rev. Docket No. HQ210020RO (2/18/22)[4-pg. document]