Building with Six Apartments on 1974 Base Date Was Rent Stabilized

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenants.)

Landlord asked the DHCR to determine the legal status of two apartments located on the second floor of a building designated on the Certificate of Occupancy as a one-family residence. The DRA found that the building was subject to rent stabilization. Landlord appealed and lost. The building was constructed before Feb. 1, 1947, and contained six or more residential units on July 1, 1974. It didn't matter whether the number of units had been reduced after July 1, 1974, or whether any of the units were illegal. Landlord argued that the DRA went beyond the scope of landlord's request by ruling on apartments other than the two landlord asked about. But it was necessary to determine the status of the entire building to reach the question of the rent-stabilized status of the apartments in question. In a prior case, the DHCR also had found that the building and an adjoining building together constituted an integrated multiple dwelling containing nine apartments. The 1957 Certificate of Occupancy listed a ground-floor restaurant and use of the first floor for 10 nonresidential studios. This was not commercial use per se and no violation had been issued for use of one unit as a residential apartment. Prior landlord had given that tenant a rent-stabilized lease.

Golden Horse Realty, Inc.: DHCR Adm. Rev. Docket No. EW410045RO (8/3/17) [4-pg.doc.]