Building Had Six Apartments on Base Date

Landlord applied to the DHCR for a determination that the building was exempt from ETPA because it contained less than six apartments. Landlord claimed that the building never contained six apartments. The DRA ruled against landlord, and landlord appealed. The DHCR ruled against landlord. The DHCR had already ruled in other cases that the building wasn't exempt. And town records showed that on June 30, 1974, the building contained six apartments. Conversion of the building to five apartments and two stores occurred some time after that date. Since there were six apartments on the ETPA base date, the building was subject to rent stabilization.

Ciotti: DHCR Adm. Rev. Dckt. Nos. HH910133RO, JE910271RO (12/16/96) [3-page document]