Building with Five Apartments Was Exempt from Rent Stabilization

The DRA determined that landlord's building contained six or more apartments and therefore was subject to rent stabilization. Landlord appealed and lost. Landlord then filed an Article 78 court appeal, claiming that the building only had five apartments. The court granted the DHCR's request to take the case back for further fact-finding and building inspection. Landlord then won. The DHCR held a full hearing and found that the building contained five apartments with no additional rental units in the basement. This was based on testimony, DOB inspection reports, architect's report, DHCR inspection reports, and the Certificate of Occupancy. 

Wilson: DHCR Adm. Rev. Docket No. CS110005AD (4/12/17) [2-pg. doc.]