Tenants Have No Standing to Appeal Substantial Rehab Ruling

July 31, 1998

LVT Number: 12539

The DRA issued an order finding that landlord's building had been substantially rehabilitated after Jan. 1, 1974, and was exempt from rent regulation, except for 11 apartments that were occupied by tenants before, during, and after the building renovation. The DRA ruled that the tenants of these apartments would remain subject to rent regulation. Three of those tenants appealed, claiming that the work done by landlord was ordinary repairs and didn't constitute substantial rehabilitation. The DHCR ruled against tenants.

The DRA issued an order finding that landlord's building had been substantially rehabilitated after Jan. 1, 1974, and was exempt from rent regulation, except for 11 apartments that were occupied by tenants before, during, and after the building renovation. The DRA ruled that the tenants of these apartments would remain subject to rent regulation. Three of those tenants appealed, claiming that the work done by landlord was ordinary repairs and didn't constitute substantial rehabilitation. The DHCR ruled against tenants. Since their apartments weren't deregulated, they had no standing to appeal the DRA's ruling.

Kulik: DHCR Adm. Rev. Dckt. No. KC710111RT (3/25/98) [2-page document]

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