Landlord Files New Demolition Application After First One Denied

LVT Number: #21271

Landlord asked the DHCR for permission to refuse to renew tenants' leases based on its intent to demolish the rent-stabilized building. The DRA ruled against landlord. Landlord's planned work didn't qualify as a demolition, because landlord intended to retain first-floor commercial space. Landlord appealed. About three months later, while its PAR was pending, landlord filed new applications with the DRA, again seeking evictions. Under landlord's new demolition plan, the entire interior of the building, including the first-floor commercial space, would be gutted.

Landlord asked the DHCR for permission to refuse to renew tenants' leases based on its intent to demolish the rent-stabilized building. The DRA ruled against landlord. Landlord's planned work didn't qualify as a demolition, because landlord intended to retain first-floor commercial space. Landlord appealed. About three months later, while its PAR was pending, landlord filed new applications with the DRA, again seeking evictions. Under landlord's new demolition plan, the entire interior of the building, including the first-floor commercial space, would be gutted. The DHCR then dismissed landlord's PAR of the original application. Since landlord now intended to do different work than originally proposed, its appeal of the DRA's ruling was moot.

81 Warren Street: DHCR Adm. Rev. Docket Nos. WL420015RO-WL420017RO (4/8/09) [2-pg. doc.]

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