Rooming House Subject to ETPA

Landlord asked for a ruling that a building located in the Village of Sleepy Hollow was exempt from rent stabilization. The building was a rooming house with 36 tenants. Twenty-one of the tenants had lived in the building for at least two years, and one tenant had lived there for at least one year. The DRA ruled against landlord and found that the building was subject to the ETPA. Landlord appealed, claiming that under ETPA Section 2500.9(h), a tourist home, or rooming house, catering primarily to transient guests, was exempt from stabilization. The DHCR ruled against landlord. Since over 60 percent of occupants were established tenants, the building wasn't a tourist home catering primarily to transient guests.

Beekman Realty Corp.: DHCR Adm. Rev. Docket No. UK910018RO (8/31/07) [3-pg. doc.]