Building Is Exempt Due to Substantial Rehabilitation

Prior landlord filed an application (Form RS-3 Application) with the DHCR in 2004 to determine whether its building was exempt from rent stabilization. In 2007, the DRA closed the case without action due to the prior landlord's failure to submit a new Certificate of Occupancy to the agency. The DRA's order was made "without prejudice" to refiling at a later date with updated information.

The current landlord later renewed this application and stated that a new C of O had been issued for the building. Landlord argued that the building should be deemed deregulated. The DRA closed the case and found that a complete application for exemption hadn't been filed by the new landlord and until a Form RS-3 application was filed and a deregulation determination was issued, tenant's apartment remained rent stabilized.

Landlord appealed, and the case was dismissed. While landlord's PAR was pending, the DHCR had granted a separate application by landlord for a ruling that the building was exempt from rent regulation due to substantial rehabilitation. Since that application was granted, and not appealed by any tenants, there was no need for further ruling on this RS-3 Application.

Monmar Plaza LP: DHCR Adm. Rev. Docket Nos. IU210004RP, HQ210003RO (5/9/22)[3-pg. document]