Landlord's Eviction Papers Prove Building Had at Least Six Units

Tenant claimed that she was rent stabilized and asked the DHCR to make a ruling on the building's status. Landlord claimed that the building contained fewer than six apartments and therefore wasn't subject to rent stabilization. The DRA ruled for tenant. Landlord appealed and lost. Proof of the rent-stabilized building status was submitted to the DRA. Among other things, landlord sued to evict a tenant in 2017, stating that tenant occupied the "middle" room on the second floor of the building. This indicated that there were at least three rooms on the second floor at that time. Landlord also sued to evict a tenant from one room on the third floor, again describing that unit as the "middle" room on that floor. Landlord also sued to evict other tenants on these floors. So, in June 2017, landlord described the building as containing at least six dwelling units.

Marks: DHCR Adm. Rev. Docket No. GO110012RO (8/21/19) [5-pg. doc.]