Building Remained Rent Stabilized Even If Number of Apartments Reduced

Tenant asked the DHCR to determine the rent regulatory status of her apartment building. Landlord claimed that the building was exempt. The DRA ruled that the building was rent stabilized because it was constructed before Jan. 1, 1974, and contained six apartments as of Feb. 22, 1999, the date that the building was last registered by prior landlord. Landlord appealed and lost. Landlord pointed out that the building's Certificate of Occupancy (C of O) listed five apartments in 2011. But since the building previously had six apartments on or after the rent stabilization base date, it remained subject to regulation even if the number of units was reduced. Landlord also claimed that the building had been substantially rehabilitated in 1983 and therefore was exempt. But landlord didn't raise this claim before the DRA and couldn't do so for the first time on appeal. Landlord could file a separate application seeking a determination that the building was exempt from rent stabilization based on substantial rehabilitation.

Wiltshire: DHCR Adm. Rev. Docket No. FP210010RO (12/15/17) [4-pg. doc.]