Landlord Proves Building Was Substantially Rehabbed

(Decision submitted by Mary D. Milone, Esq. of the Manhattan law firm of Borah Goldstien Altschuler Nahins & Goidel, P.C., attorneys for the owner.)

Landlord applied for a DHCR determination that its building was exempt from rent stabilization due to substantial rehabilitation completed after Jan. 1, 1974. Landlord bought the building in January 2018 and completed the rehab work in April 2022. The District Rent Office (DRO) approved landlord's application. Landlord submitted copies of the building deed, architectural plans, architect's affidavit, invoices, cancelled checks, a DOB Cost Affidavit, photographs, and a DOB Letter of Completion for the work performed. Landlord showed that the DOB approved its application and plans for renovation and issued the Letter of Completion in April 2022. The scope of work documented showed that at least 75 percent of all building-wide and individual apartment systems, including common areas, had been replaced. There was no indication that the landlord received any government financing or tax abatement for the building. One tenant, who lived in the building when work was set to begin, was temporarily relocated and later voluntarily moved out of the building. The building therefore was exempt from rent stabilization.

Woodside Properties 45 St. LLC: DHCR DRO Dckt. No. KV110002UC (7/11/23)[2-pg. document]