Tenant Who Lived in Doctor's Office Is Rent Stabilized

Tenant complained that landlord wouldn’t give him a renewal lease. Landlord claimed that tenant lived in the apartment in violation of his commercial lease and zoning laws. Prior landlord gave tenant a three-year commercial lease in 1996, restricting use of the first-floor unit as a doctor’s office. But tenant lived in the apartment instead. The 1965 Certificate of Occupancy (C of O) for the building listed a doctor’s office on the first floor and six apartments on the upper floors. A 1965 zoning change also made residential occupancy a nonconforming use. Landlord argued that it couldn’t clear an HPD violation until it legalized the use by restoring the apartment to its condition as a doctor’s office. Landlord also claimed that DOB would permit residential use of the apartment, so it couldn’t amend the C of O. The DRA ruled for tenant, finding that he was rent stabilized.

Landlord appealed and lost. There was no proof that the apartment had been converted from commercial use; it was always used by tenant for residential use. There also was no proof of any hazardous condition based on nonconforming use. Tenant was entitled to a rent-stabilized renewal lease.

884 Flushing Realty, Inc.: DHCR Adm. Rev. Docket No. XH210054RO (1/15/10) [4-pg. doc.]