Conversion from Six to Five Apartments Didn't Remove Building from Rent Stabilization

Tenant asked the DHCR to rule on her apartment's rent regulatory status. Tenant claimed that she was rent stabilized. Landlord argued that the building was unregulated because, although it previously contained six apartments, it was legally converted to a five-unit dwelling in 1987. The DRA ruled for tenant, finding her apartment to be rent stabilized.

Landlord appealed and lost. A certificate of occupancy for the building was issued in 1938, listing six apartments. A maximum base rent order from HPD in 1974 also listed the building as having six apartments at that time. A number of court decisions had previously ruled that reducing the number of units in a building, from six or more to five or fewer, after the building became subject to rent stabilization didn't remove a building from rent stabilization.

Tita Vicky Properties LLC: DHCR Adm. Rev. Docket No. IU210008RO (3/11/22)[3-pg. document]