Subdivided Building Still Covered

New Rochelle tenants filed a rent overcharge complaint with the DHCR. Landlord argued that the building wasn't subject to EPTA because it had fewer than six units, and had separate, heating, plumbing, and electrical systems. The building had been built in 1956 as two 16 family units. It had operated under common ownership, with a common heating plant, parking facilities, and roof---until it was later subdivided into eight units of four apartments each. The DRA ruled that the building was subject to EPTA, and reduced tenants' rent. Landlord appealed, and the DHCR ruled for tenants. The building was subject to EPTA before it was subdivided because it was a 32-unit building on the base date. And tenants don't lose EPTA protection if landlord alters the building after the base date.

Traendly: DHCR Adm. Rev. Dckt. No. DJ 810189-RO (9/14/94) [2-page document]