Building Substantially Rehabilitated After 1974 Is Exempt from Rent Stabilization

May 31, 2007

LVT Number: 19653

Landlord asked the DHCR for a ruling on whether the building was rent stabilized. Landlord claimed that the building was exempt because it was substantially rehabiliated after Jan. 1, 1974. The DHCR ruled for landlord. Tenant appealed and lost. The DHCR found that the building was in a seriously deteriorated condition before 1998. The DHCR also relied on an engineer's report and many photographs of the building to determine that at least 75 percent of the building's systems had been replaced.

Landlord asked the DHCR for a ruling on whether the building was rent stabilized. Landlord claimed that the building was exempt because it was substantially rehabiliated after Jan. 1, 1974. The DHCR ruled for landlord. Tenant appealed and lost. The DHCR found that the building was in a seriously deteriorated condition before 1998. The DHCR also relied on an engineer's report and many photographs of the building to determine that at least 75 percent of the building's systems had been replaced. Landlord's rehabilitation of the building also resulted in removal of hundreds of building violations. The building had previously been under a vacate order.

Rowe v. Calogero: NYLJ, 5/30/07, p. 20, col. 1 (Sup. Ct. Kings; Schmidt, J)

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