Landlord Didn't Prove Claimed Substantial Rehab Had Been Completed

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost. The DRA had requested, and landlord failed to submit, either a new Certificate of Occupancy (C of O) or Letter of Completion from the DOB. Landlord had submitted only the building's 1955 C of O and stated that, since there had been no change in the building's use, no new C of O was required. Landlord pointed out that the building still contained six Class "B" units and one Class "A" unit. DOB records for the work done included engineering plans filed by landlord stating that it was applying for a new C of O. Review of public records on file with DOB also showed that the job wasn't complete and that one of the things missing was a new C of O. The DHCR noted that the C of O is important information for a sub rehab determination because "it signifies that the work is complete, passed appropriate inspections and complies with applicable laws." Since landlord's renovations were incomplete and the building was still uninhabited, landlord could refile its application once the work was complete and DOB had issued a new C of O.

265 Alexander, LLC: DHCR Adm. Rev. Docket No. LQ610024RO (8/29/23)[2-pg. document]