Building Had Five Apartments, So Wasn't Rent Stabilized

Tenant asked the DHCR to rule on whether his apartment was rent stabilized. Tenant claimed that the building was constructed before 1974 and contained six units. Landlord claimed that the building had fewer than six apartments. The DRA ruled that tenant was rent stabilized after the DHCR’s inspector was unable to determine the number of apartments at the building but found six electric meters, two gas meters, and six mailboxes, as well as an intercom for six apartments.

Landlord appealed and won. Landlord pointed out that five of the electric meters were for apartments and the one additional meter was for common areas. Five of the mailboxes were for apartments and the sixth mailbox was for building management. Landlord said that intercom panels were sold with a total of six buzzers and only five of the building’s buzzers were connected to apartments. Landlord stated that he was at the building at the time of the DHCR inspection appointment but that the inspector didn’t appear. Landlord also noted that tenant submitted no proof to support his “belief” that there were six apartments. The DHCR also reinspected and confirmed landlord’s statements. There was no proof of more than five apartments or of interior renovation work having been done.

Wasserman: DHCR Adm. Rev. Docket No. EN210013RO (10/7/16) [3-pg. doc.]