Building Wasn't Substantially Rehabilitated

LVT Number: #22239

Landlord asked the DHCR to rule on a building's status. Landlord claimed that the building was exempt from rent stabilization due to a substantial rehabilitation performed after Jan. 1, 1974. The DRA and DHCR ruled against landlord. To qualify as a substantial rehab, at least 75 percent of building-wide and apartment systems must be completely replaced. Here, fewer than 12 of the building's 15 existing systems were replaced.

Landlord asked the DHCR to rule on a building's status. Landlord claimed that the building was exempt from rent stabilization due to a substantial rehabilitation performed after Jan. 1, 1974. The DRA and DHCR ruled against landlord. To qualify as a substantial rehab, at least 75 percent of building-wide and apartment systems must be completely replaced. Here, fewer than 12 of the building's 15 existing systems were replaced. Among other things, the DHCR found that: most of the work was done only on the second and third floors of the building; basement spaces weren't rewired; existing wood floors were patched in two apartments; most previously existing ceilings and walls were merely patched, replastered, and repainted; apartment doors weren't replaced; no work was done on fire escapes; and no pointing or exterior surface repair was needed or performed.

159 Design, LLC: DHCR Adm. Rev. Docket No. XF220058RO (8/27/09) [4-pg. doc.]

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