Building Has Six Apartments

Tenant complained of a rent overcharge. Landlord claimed the building had fewer than six apartments and so wasn't rent-stabilized. After an inspection, the DRA found that there were six apartments in the building and ruled for tenant. Landlord appealed and pointed out that DOB records listed the building as having five apartments. The DHCR ruled against landlord. The fact that DOB records state that the building has five apartments doesn't prove that the building actually contains only five apartments. The DHCR's inspector saw six apartments at the building. There were six mailboxes and six gas meters. And tenant submitted a letter signed by over 20 neighborhood residents who all stated that the building had six apartments.

Spitzer: DHCR Adm. Rev. Dckt. No. RH210054RO (9/26/03) [3-pg. doc.]