Landlord's Application to Determine Substantial Rehab Premature

Landlord asked the DHCR to rule on whether its building was exempt from rent stabilization due to substantial rehabilitation. The DRA closed the case without making a ruling. Landlord appealed and lost. Landlord admitted that it hadn't completed the work required for a substantial rehab. It would be premature for the DHCR to decide on the building's status at this time. Landlord could reapply after finishing the rehabilitation work. A new Certificate of Occupancy must be issued before a substantial rehabilitation can be determined.

Roberts: DHCR Adm. Rev. Docket No. YI210101RO (2/27/14) [3-pg. doc.]