Landlord Can't Prove Building Was Substantially Rehabbed

June 26, 2020

LVT Number: #30840

Landlord asked the DHCR for a ruling that his building was exempt from rent stabilization based on substantial rehabilitation. The DHCR ruled against landlord, who then filed an Article 78 court appeal. Landlord claimed that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. Documents that landlord submitted to the DHCR failed to indicate whether his claimed improvements complied with DOB's code and requirements. The DHCR also found that DOB records didn't show that adequate work was done, and no new Certificate of Occupancy was issued.

Landlord asked the DHCR for a ruling that his building was exempt from rent stabilization based on substantial rehabilitation. The DHCR ruled against landlord, who then filed an Article 78 court appeal. Landlord claimed that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. Documents that landlord submitted to the DHCR failed to indicate whether his claimed improvements complied with DOB's code and requirements. The DHCR also found that DOB records didn't show that adequate work was done, and no new Certificate of Occupancy was issued. Landlord failed to submit any further documentation of its own to support the sub rehab claim. The DHCR properly dismissed landlord's application.

Pena v. DHCR: Index No. 519607, 2020 NY Slip Op 50693 (Sup. Ct. Kings; 5/4/20; King, J)

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