Landlord Claimed That Whether Its Building Was Sub Rehabbed Concerned Only One Unit

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord because it didn't submit copies of its application for all building tenants, despite repeated requests from the DRA to do so. The DRA noted that landlord could refile its application "when the information and evidence become available."

Landlord appealed and lost. Landlord claimed incorrectly that only one apartment in the building was involved for purposes of its application, and stated that the DRA improperly obtained an inaccurate list of tenant names. The tenant of one apartment had filed a rent overcharge complaint where landlord claimed her apartment was exempt from rent stabilization due to substantial rehabilitation. The DHCR then directed landlord to file an application seeking a determination of exemption on this basis. Although the question was initiated in connection with one tenant's overcharge complaint, a finding that a building was exempt from rent stabilization due to substantial rehabilitation concerned whether work was performed to the entire building, and notice to all current tenants was required.

Wiltshire: DHCR Adm. Rev. Docket No. MO210017RO (5/21/24)[4-pg. document]