Building Was Substantially Rehabilitated

Landlord asked the DHCR for a determination that its building had been substantially rehabilitated and therefore wasn't subject to rent stabilization. The DRA ruled for landlord. Tenant appealed and lost. Landlord submitted sufficient documentation to support its claim, including a court order appointing a 7A administrator for the building, architect's approved plans, the architect's sworn statement, the contract between landlord and its contractor, the DOB Letter of Completion, a landmarks clearance certificate, and proof of payment. The building didn't have elevators and incinerators or waste compactors, which were two of the 17 building systems specified in the DHCR's Operational Bulletin 95-2. Landlord didn't replace the roof, fire escapes, and interior stairways. But landlord otherwise substantially complied with the DHCR's substantial rehab proof requirements, and the DRA properly ruled for landlord.

Reif: DHCR Adm. Rev. Docket No. FW210004RP (1/8/18) [14-pg. doc.]