Rent Reduction Order Revoked Because Building Was Exempt

Tenant complained to the DHCR of a reduction in services at her apartment. The DRA ruled for tenant. Landlord appealed and lost. Landlord then filed an Article 78 court appeal and argued that the apartment wasn't subject to rent stabilization. So, landlord sought revocation of the DHCR's rent reduction order, which identified tenant's apartment as rent stabilized. The DHCR agreed to take the case back for further review. The DHCR then ruled for landlord. There was evidence in the administrative record that the building was exempt from rent stabilization due to substantial rehabilitation. Landlord had filed an application with the DHCR in 2018 for a ruling that the building was exempt under Rent Stabilization Code Section 2520.11(e). In December 2020, the DHCR ruled for landlord on that application. So, the rent reduction order that was the subject of landlord's appeal must be revoked.

MJT Cornerstone Group LLC: DHCR Adm. Rev. Docket Nos. IN210002RP, GT210021RO (2/12/21) [2-pg. doc.]