Sixth Unit Was Commercial

May 31, 1999

LVT Number: 13300

Landlord applied to the DRA for a ruling that its building was exempt from rent stabilization because it contained fewer than six apartments. The building's 1952 C of O stated there were five apartments and one office. The DRA ruled against landlord, finding that there were six apartments in the building. Landlord appealed and won. The sixth unit in the building was classified as legal office space. Although this office contained a stove and refrigerator, there was no proof that it was ever rented or used for residential purposes.

Landlord applied to the DRA for a ruling that its building was exempt from rent stabilization because it contained fewer than six apartments. The building's 1952 C of O stated there were five apartments and one office. The DRA ruled against landlord, finding that there were six apartments in the building. Landlord appealed and won. The sixth unit in the building was classified as legal office space. Although this office contained a stove and refrigerator, there was no proof that it was ever rented or used for residential purposes. The sixth unit was used as a management office for the building.

Boomer Realty Corp.: DHCR Adm. Rev. Dckt. No. FE530253RO (3/18/99) [3-pg. doc.]

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