Building Has Six Residential Units

Landlord applied to the DHCR for a determination of whether the building was rent stabilized. Landlord stated that the building contained fewer than six apartments. The DRA ruled for landlord, finding that the building had four apartments on the base date, and currently had five apartments. Tenants appealed, claiming that the building currently had six apartments, all equipped with kitchens and bathrooms. Landlord argued that the DRA's decision was based on its own inspection. The DHCR ruled for tenants. Landlord registered six apartments with the DHCR during the years 1987 through 2004. And it didn't matter if the C of O stated that there were four apartments. What mattered was how the building was used. Even if there were now five apartments, there were six apartments at some time between the base date and the present. Increasing the number of apartments to six or more after the base date places the building under rent stabilization. Later reducing the number of apartments to five or fewer doesn't remove the building from stabilization once it becomes stabilized.

Abramson: DHCR Adm. Rev. Dckt. Nos. TE420015RT et al. (9/22/05) [4-pg. doc.]