Building Substantially Rehabilitated After Fire

Landlord asked the DRA for a ruling that its 16-unit building was exempt from rent stabilization because it had been substantially rehabilitated after Jan. 1, 1974. The DRA ruled for landlord, and tenants appealed. There had been a fire in the building in 1982. Tenants claimed that landlord merely converted the formerly 8-unit building to 16 in violation of the building's C of O after a minor fire. The DHCR ruled against tenants. The fire had resulted in the issuance of an unsafe building order by DOB. Landlord performed rehabilitation work resulting in replacement of at least 75 percent of the building's systems. None of the complaining tenants lived in the building before the rehab, so none of them could claim rent stabilization status.

Various Tenants of 123 Guernsey St.: DHCR Admin. Rev. Dckt. No. QF210029RT (12/9/02) [3-pg. doc.]