Two-Family House Was Illegally Altered into Two Apartments and Five Furnished Rooms

Tenant asked the DHCR to determine whether his apartment was rent stabilized. He claimed that the building had seven dwelling units. Landlord argued that the two-family house never had seven units, and that DOB never issued violations for illegal use of the premises. After inspection, the DRA ruled for tenant, finding that the building was constructed before Jan. 1, 1974, contained two apartments and five furnished rooms. Therefore, the building had six or more housing accommodations and was rent stabilized.

Landlord appealed and lost. Landlord argued that there was no proof that the building was ever rented as seven units under separate rental agreements. But the DHCR noted that its inspector's observations, photographs, tenant statements, and diagrams showed the exact location of apartments, rooms, and their relationship to common kitchens and bathrooms on the first and second floor, as well as separate apartments in the attic and basement. Neither a hearing nor the existence of separate rental agreements was needed to determine the building's rent-regulated status. The fact that the complaining tenant paid on behalf of other tenants also didn't matter. It also didn't matter that there was no DOB determination that the building had been illegally operated as a rooming house. 

MGNYC Ventures LLC: DHCR Adm. Rev. Docket No. GR410044RO (8/29/19) [4-pg. doc.]