Landlord Didn't Prove Building Was Substantially Rehabilitated

Landlord asked the DHCR for a ruling that its building had been substantially rehabilitated and therefore was exempt from rent stabilization. The DRA ruled against landlord, who appealed and lost. Landlord didn't prove that 75 percent of building and apartment systems had been replaced, as required by DHCR Operational Bulletin 95-2. Prior landlord had submitted plans to DOB for only for plumbing work and DOB's approval was later revoked. Landlord also never submitted either a new Certificate of Occupancy or a Letter of Completion obtained from DOB. Landlord claimed that it was waiting for the Letter of Completion from DOB. As the DRA advised landlord, it could resubmit its application for a ruling on the building's status after sub rehab work was completed and the Letter of Completion obtained.

Ovadia Estates LLC/480 GP LLC: DHCR Adm. Rev. Docket No. FW210053RO (2/23/18) [5-pg. doc.]