No New C of O for Claimed Rehab

Landlord asked the DHCR for a ruling that the building was not subject to rent stabilization. Landlord claimed that the building was substantially rehabilitated after Jan. 1, 1974. The DRA ruled against landlord. Landlord appealed and lost. The building was built before 1929, and so there was no original certificate of occupancy (C of O). But if a building was altered after 1969, New York City law requires that a C of O be issued before the building can be occupied. Tenants also claimed that landlord added apartments to the building. The DRA had asked landlord to submit a C of O, but landlord claimed that no C of O was needed. Landlord submitted some additional statements from his architect. These documents didn't explain why work done in 1989--1991 wasn't legalized until 2003. And landlord still didn't explain why there was no C of O.

Smolarczyk: DHCR Adm. Rev. Dckt. No. TL210011RP (3/7/06) [4-pg. doc.]