Building Substantially Rehabbed in 1995 Exempt from Rent Stabilization

Landlord asked the DHCR to determine a building’s rent stabilization status, claiming that it was exempt due to substantial rehabilitation in 1995. The DRA ruled for landlord. Tenant appealed and lost. Landlord produced sufficient documentation of the rehab, including DOB job application records, plumbing schedules, technical and inspection reports, permits, and Certificate of Occupancy, as well as an architect’s affidavit. The building was registered with the DHCR as vacant at the time the work was done. Landlord replaced 16 of the 17 building-wide systems listed in the DHCR’s Operational Bulletin 95-2, including plumbing, heating, gas supply, electrical, intercoms, windows, elevators, incinerators, fire escapes, interior stairways, kitchens, bathrooms, ceiling and wall surfaces, pointing, and all doors and frames. 

Mantini: DHCR Adm. Rev. Docket No. EP410068RT (2/3/17) [4-pg. doc.]