Sixth Apartment Added to Pre-1974 Building Made Building Subject to Rent Stabilization

The DHCR issued an order on June 10, 2022, finding that tenant's apartment was subject to rent stabilization. Landlord filed an Article 78 court appeal of the DHCR's decision, and the case was sent back to the DHCR for further consideration. The DHCR again ruled against landlord. Tenant claimed that the building had been constructed before Jan. 1, 1974, presently contained at least six apartments, and therefore was subject to rent stabilization. DHCR inspection showed that at some point a second apartment had been added on the second floor, and there were six intercom call buttons on the intercom panel. So the building, including the complaining tenant's apartment, was subject to rent stabilization.

751 Realty Corp.: Adm. Rev Docket No. MO210001RP (6/7/24)[3-pg. document]