DHCR Must Reconsider Landlord's Substantial Rehab Claim

Landlord asked the DHCR in 2018 for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost. Landlord then filed an Article 78 court appeal. The DHCR agreed to take the case back for further consideration. The DHCR then issued an order remanding the case to the DRA to review documents already in the record as well as additional documents presented in court labeled "buyout agreements" and "2009-2010 leases." Among other things, the DHCR had disputed whether the building was vacant before the sub rehab work began. 

852 Hart LLC: DHCR Adm. Rev. Docket No. JU210004RP (11/9/21)[5-pg. document]