Landlord Didn't Submit Sufficient Proof of Substantial Rehab

Landlord asked the DHCR for a determination that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, who appealed and lost. Landlord claimed that prior landlord substantially rehabbed the building in 2008 by replacing at least 75 percent of the building-wide systems. But landlord failed to submit a Letter of Completion from DOB or a sworn statement from the registered architect or engineer who worked on or certified the project stating which specific building-wide and apartment systems were replaced and what work was done in the common areas. The contract for the work and cancelled checks paid to the contractor were insufficient to prove that the work resulted in replacement of at least 75 percent of the building and apartment systems and that the new systems complied with all applicable building codes and requirements. The floor plans and prepurchase inspection report by an architect who didn’t perform the work also were insufficient proof of any substantial rehabilitation. 

172 Lefferts Place LLC: DHCR Adm. Rev. Docket No. DR210005RO (8/11/15) [9-pg. doc.]