Building with Five Apartments Not Subject to Rent Stabilization

Tenant complained of rent overcharge. Landlord claimed that the building contained fewer than six housing accommodations. The DRA ruled against tenant, finding that he wasn't subject to rent stabilization.

Tenant appealed and lost. Tenant repeated claims he raised before the DRA. He said that there were six apartments in the building and that some of those were split units, resulting in at least nine dwelling units. But the DRA relied on the DHCR's inspector who looked at the number of electric and gas meters, the number of mailboxes and intercoms, and the number of apartments on each floor of the building. The DHCR found that the inspector's report of five apartments outweighed tenant's proof. HPD surveys from 1916 to 1935 that listed multiple apartments also didn't outweigh current inspection results. And tenant didn't say that he personally observed the interior of six or more apartments. He based his claim of multiple units on multiple apartment doors. But units combined over the years could have left individual apartments with more than one entry door. 

Osman: DHCR Adm. Rev. Docket No. HX410017RT (10/23/20) [4-pg. doc.]