Building Exempt After Substantial Rehab

Landlord asked the DHCR for a ruling on the building's status. Landlord claimed that the building had been substantially rehabilitated and was now exempt from rent stabilization. The DRA ruled against landlord because landlord didn't submit all the documents required under Rent Stabilization Code Section 2520.11(e) and DHCR Operational Bulletin 95-2. The DRA did say that landlord could refile its application at another time. Landlord appealed and won. The DRA had requested a DOB Letter of Completion three times. Landlord submitted a copy of the DOB letter with its PAR. Since landlord had done work that constituted a substantial rehabilitation and now had the needed DOB document, its initial application should be granted.

Summerset Properties, LLC: DHCR Adm. Rev. Docket No. XG210023RO (10/15/09) [3-pg. doc.]