Prior Court Ruling Determined No Substantial Rehab

Tenant asked the DHCR to rule on the building's rent regulatory status. Landlord claimed that the building was exempt from rent stabilization based on substantial rehabilitation. Tenant submitted a copy of a 2007 housing court decision in support of her claim that she was rent stabilized. The DRA ruled for tenant. Landlord appealed and lost. The question of whether a building is exempt from stabilization due to substantial rehab can be decided either by the DHCR or a court. Here, the court already had ruled that landlord hadn't replaced at least 75 percent of the building-wide and apartment systems. In court, landlord submitted approved building plans but showed no proof of any change to plumbing, heating, gas supply, electrical wiring, roof, intercoms, fire escapes, pointing or exterior surface repair, or doors. Landlord had a full and fair opportunity to prove substantial rehab in court and failed to do so.

Ramkishun: DHCR Adm. Rev. Docket No. XF220053RO (9/4/09) [3-pg. doc.]