Building Has Seven Apartments, Not Five

Tenant complained that landlord refused to offer him a rent-stabilized renewal lease. Landlord claimed that the building was exempt from rent stabilization because it contained only five apartments. The DRA ruled for tenant and ordered landlord to give him a renewal lease. Landlord appealed, arguing that the building had five stories and that legally there could be only one apartment on each floor. The DHCR ruled against landlord. The building was registered with the DHCR from 1984 through 1990 as having seven rent-stabilized apartments. The DHCR's rent control records showed that the building was registered as an eight-room rooming house in 1944. Rent control records also contained registrations for apartments on the first, second, fourth, and fifth floors and seven rooms on the third floor. In addition, a notice of property value dated January 2007 describes the building as having nine residential units. And in three prior DHCR proceedings, landlord made no claim that the building was unregulated.

245 West LLC: DHCR Adm. Rev. Docket No. VG410030RO (1/23/08) [4-pg. doc.]