Number of Units Voluntarily Reduced

February 1, 1993

LVT Number: 6743

Landlord applied to the DHCR to exempt a building from the Emergency Tenant Protection Act (ETPA). The building had seven units on the base date; this number was later reduced to less than six. The DHCR denied landlord's application, and landlord appealed. The court reversed. In general, a reduction in the number of apartments to less than six after the base date doesn't remove a building from ETPA coverage. But, in this case, the City of Yonkers had ordered the number of apartments reduced because landlord had illegal apartments in the building.

Landlord applied to the DHCR to exempt a building from the Emergency Tenant Protection Act (ETPA). The building had seven units on the base date; this number was later reduced to less than six. The DHCR denied landlord's application, and landlord appealed. The court reversed. In general, a reduction in the number of apartments to less than six after the base date doesn't remove a building from ETPA coverage. But, in this case, the City of Yonkers had ordered the number of apartments reduced because landlord had illegal apartments in the building. Therefore, the building was exempt from rent stabilization. The court sent the case back to the DHCR to determine if landlord had actually removed the illegal apartments from the building's basement

[Gionta v. NYS DHCR: 588 NYS.2d 976 (9/10/92) (Sup. Ct. Westchester; LaCava, J)].

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