Landlord's Application Granted

Landlord asked for permission to evict rent-stabilized tenant because it planned to demolish tenant's building. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that there were many DOB and HPD building violations, landlord didn't prove its financial ability to complete the demolition, and landlord was already doing illegal demolition work. Landlord submitted a bank statement showing that it had $4.8 million in its account and, therefore, was financially able to do the demolition. While landlord's application to the DHCR was pending, DOB approved landlord's demolition plans. Landlord also used its architect's letter, DOB-approved building plans, and photographs to show its intention to demolish the building. The DHCR said that any questions about building violations must be raised before DOB and the HPD. And if landlord was doing any unlawful work at the building, tenant must complain to DOB or the HPD.

Peckham: DHCR Adm. Rev. Docket No. UA420024RT 7/27/06 [7-pg. doc.]