Effect of Harassment Finding on New Landlord

LVT Number: 14708

New landlord asked the DHCR what effect a DHCR harassment finding had on the building after a change in ownership. In an opinion letter, the DHCR stated that the harassment finding continued until the DHCR lifted it. Landlord asked also if it could rent an apartment for commercial or professional use while the harassment finding was in effect. The DHCR stated that landlord could rent a rent-stabilized apartment as temporarily exempt for commercial or professional use. A rent-controlled apartment that becomes vacant while the harassment finding was in place doesn't become decontrolled.

New landlord asked the DHCR what effect a DHCR harassment finding had on the building after a change in ownership. In an opinion letter, the DHCR stated that the harassment finding continued until the DHCR lifted it. Landlord asked also if it could rent an apartment for commercial or professional use while the harassment finding was in effect. The DHCR stated that landlord could rent a rent-stabilized apartment as temporarily exempt for commercial or professional use. A rent-controlled apartment that becomes vacant while the harassment finding was in place doesn't become decontrolled. A landlord may get a temporary exemption for a professional or commercial rental of a rent-controlled apartment, but prior DHCR approval is required.

DHCR Opin. Ltr. by Charles Goldstein (10/6/00) [2-pg. doc.]

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