Landlord Doesn't Prove Building Was Substantially Rehabilitated

LVT Number: #24411

Landlord asked the DHCR to determine whether its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, who appealed and lost. Landlord failed to submit all the documentation requested by the DRA to prove its claim. In particular, landlord submitted no architect's or general contractor's affidavit or letter of completion. And no Certificate of Occupancy was issued by DOB for the completed work because the plans indicated that there was no change in occupancy, site, and egress.

Landlord asked the DHCR to determine whether its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, who appealed and lost. Landlord failed to submit all the documentation requested by the DRA to prove its claim. In particular, landlord submitted no architect's or general contractor's affidavit or letter of completion. And no Certificate of Occupancy was issued by DOB for the completed work because the plans indicated that there was no change in occupancy, site, and egress. Landlord could refile its application again at a later date if it provided all the required documentation.

321 Schaeffer LLC: DHCR Adm. Rev. Docket No. ZI210056RO (9/13/12) [2-pg. doc.]

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