Insufficient Proof Building Contained Only Five Apartments

Tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the building contained only five apartments and therefore wasn't subject to rent stabilization. The DHCR ruled against landlord. In a separate case decided in 2012, the DHCR had already ruled that the building was rent stabilized. In that case, under Adm. Rev. Docket No. AN210049RO, landlord submitted a 1927 Certificate of Occupancy listing five apartments. But the DHCR found that documentation insufficient. Another document recorded in 2007 listed the property type as "4-6 Family with Store/Office." The DHCR scheduled an inspection in January 2012 to investigate tenant's claim that there was a sixth apartment in the building basement. But landlord failed to provide access for that inspection. 

Foyle: DHCR Adm. Rev. Docket No. BS210006RO (9/8/14) [2-pg. doc.]