Tenant Proved Building Contained at Least Six Apartments

November 20, 2017

LVT Number: #28007

The DHCR determined that tenant was rent stabilized because the apartment building he lived in contained at least six apartments before 1974. Landlord filed an Article 78 petition, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and lost. Tenant submitted proof to the DHCR that the building contained at least six apartments and the court found that the DHCR properly refused to accept additional evidence from landlord of fewer than six apartments submitted for the first time upon petition for administrative review.

The DHCR determined that tenant was rent stabilized because the apartment building he lived in contained at least six apartments before 1974. Landlord filed an Article 78 petition, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and lost. Tenant submitted proof to the DHCR that the building contained at least six apartments and the court found that the DHCR properly refused to accept additional evidence from landlord of fewer than six apartments submitted for the first time upon petition for administrative review. Landlord's claim of law office failure was speculative, and the DHCR wasn't required to inspect the building before making its ruling.

Marisol Realty Corp. v. DHCR: 2017 NY Slip Op 07089, 2017 WL 4507271 (App. Div. 1 Dept.; 10/10/17; Richter, JP, Gische, Kapnick, Kahn, Kern, JJ)

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