Pre-1974 Building That Now Contains Six Apartments Is Rent Stabilized

Tenant asked the DHCR in 2020 for a ruling on whether she was rent stabilized. Tenant had lived in the building since 2011, claimed that the building was constructed prior to 1974, and currently contained a store and six apartments. Landlord claimed that the building contained only five apartments. The DRA ruled for tenant, finding that the pre-1974 building contained six apartments. Landlord appealed and lost. At the time of DHCR inspection in October 2020, the building contained six apartments, two each on the second, third, and fourth floors. The building had one main electric meter and six individual electric meters. Each meter was labeled for one of the six apartments. There also were six intercom buzzers and six separate mailboxes. Even if the building was intended originally to have five apartments, as indicated in HPD I-cards, the fact that it now contains six units makes it subject to rent stabilization.

751 Realty Corp.: DHCR Adm. Rev. Docket No. JQ210033RO (6/10/22)[5-pg. document]