Building Contained Illegal Sixth Unit on Base Date

June 30, 1997

LVT Number: 11616

Tenant complained that landlord didn't give her a rent-stabilized lease. Landlord claimed the building wasn't subject to rent stabilization because it contained less than six apartments. The DRA ruled for tenant based on its finding that there were six units in the building on the base date. Landlord appealed, claiming that there were only five units according to the building's certificate of occupancy. The DHCR ruled against landlord. An HPD violation report stated that there was an extra illegal apartment on the building's first floor.

Tenant complained that landlord didn't give her a rent-stabilized lease. Landlord claimed the building wasn't subject to rent stabilization because it contained less than six apartments. The DRA ruled for tenant based on its finding that there were six units in the building on the base date. Landlord appealed, claiming that there were only five units according to the building's certificate of occupancy. The DHCR ruled against landlord. An HPD violation report stated that there was an extra illegal apartment on the building's first floor. Even if, as landlord claimed, the illegal unit was removed, this wasn't done until at least 1986.

Mandracchia: DHCR Adm. Rev. Dckt. No. BI110154RO (2/25/97) [5-page document]

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