Building Had Five Units

Tenant asked the DHCR to decide whether his building was rent stabilized. Tenant claimed that the building had six apartments at one time and was illegally changed to five apartments. The DRA ruled against tenant after an inspection. Tenant appealed and lost. The DHCR conducted an extensive inspection of the building. Government records also showed that in 1953 and in 1970, the building was listed as having five apartments. So there was sufficient proof that there were fewer than six apartments on July 1, 1974, when the building became subject to rent stabilization. In 1984, landlord also registered the building with the DHCR as having five units, one rent controlled and four exempt. Landlord never filed any subsequent DHCR registrations. And tenant had signed renewal leases for 14 years before complaining. The DHCR and courts have ruled previously that a tenant can't wait more than 10 years to question his rent regulatory status. It's unfair to expect landlord to have to defend against such a claim after so much time goes by.

Yazdani: DHCR Adm. Rev. Dckt. No. TF320014RT (12/27/05) [5-pg. doc.]