Landlord Claims Sixth Unit Was Commercial Space

Tenant filed an objection to a 1984 rent registration, claiming that landlord didn't serve him with an initial registration statement (RR-1). Landlord claimed the building wasn't rent-stabilized because there were only five residential units, a sixth unit being commercial space. Tenant submitted a housing court order ruling that the building contained six residential units. The DRA ruled for tenant and found that the building was subject to rent stabilization. Landlord appealed, claiming that the court order directed him to either register the building as rent stabilized or remove residential features from the basement unit in question. The DHCR ruled against landlord. The court order and other proof showed that the basement unit was used as an apartment for some time after the building's base date. So the building was subject to rent stabilization.

Gray: DHCR Adm. Rev. Dckt. No. CB410009RO (6/28/96) [3-page document]