Tenant Who Lived in Building Prior to Substantial Rehab Remained Rent Stabilized

Landlord applied to the DHCR in 2019, seeking a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation completed in 2011. The DRA ruled for landlord in 2022 based on construction records, DOB filings, expert affidavits, and a Certificate of Occupancy issued in 2011. One tenant appealed and won. Although the building was exempt from rent stabilization based on the sub rehab in 2011, tenant showed that she had lived in the building since 2008 and had been registered as a rent-stabilized tenant. Since tenant had lived in the building since before the substantial rehabilitation work was done, she remained rent stabilized.

Brown: DHCR Admin. Rev. Docket No. LM210025RT (3/22/23)[3-pg. document]