Tenant Showed Building Had Eight Apartments Before Jan. 1, 1974

Tenant asked the DHCR to determine whether he was subject to rent stabilization. Landlord claimed that the building contained fewer than six units. But tenant claimed that the building was constructed in 1930 and contained eight housing accommodations. The DRA ruled for tenant, found he was rent stabilized, and set his legal regulated rent at $990 per month. Landlord appealed and lost. Landlord claimed that prior landlord bought the building in 1987, when it was vacant and in substantially deteriorated condition. That owner substantially rehabilitated the building, and therefore it was exempt from rent stabilization. But that issue was under review in a separate DHCR proceeding and it would be premature to decide the sub rehab question in this proceeding. In this proceeding, tenant showed that the building was completed before Jan. 1, 1974, and that it had eight housing accommodations. So, tenant was rent stabilized.

MJT Cornerstone Group, LLC: DHCR Adm. Rev. Docket No. GO210005RO (8/23/19) [4-pg. doc.]