Building Was Substantially Rehabilitated

Landlord asked the DHCR to rule on its building's status. Landlord claimed that the building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. The DRA ruled for landlord. Tenant appealed and lost. Landlord met the criteria set forth in DHCR Operational Bulletin 95-2 for a sub rehab finding. Landlord submitted DOB records, including an Altered Building Plan, approval, work permit and sign-off, new C of O, architect and contractor affidavits, and cost affidavits. The building was registered with the DHCR in 1989 with six apartments and all but one were vacant when the work commenced. When completed, the building had 10 apartments. Fifteen of the DHCR's 17 listed building and apartment systems were replaced. The building didn't have an elevator or incinerator. Plumbing, heating, gas services, electrical, intercoms, windows, doors and frames, roof, exterior pointing, interior stairway, kitchens, bathrooms, walls, floors, and ceilings were replaced. Some existing walls and ceilings remained. The DHCR found that landlord had replaced 75 percent of the building and apartment systems, and that the building had been substantially rehabilitated.

Kic: DHCR Adm. Rev. Docket No. GP210019RT (1/25/19) [6-pg. doc.]