Building Had Six Units

Freeport, Long Island, landlord applied to the DHCR to deregulate the building because he claimed it had only five apartments. The building originally had six apartments, but landlord had sealed off the bathroom and kitchen in the sixth apartment, and used the rest of that apartment for storage. The DRA denied landlord's application, and landlord appealed. Landlord loses. Just because landlord changed the configuration of rooms in one apartment and used the rest of that apartment for storage didn't reduce the number of apartments in the building. Since the plumbing had been left in place, the unit could still be converted back into a rentable apartment. Also, tenants in the other five apartments had a reasonable expectation that their apartments would remain rent-regulated, so it would be unfair to change the building's status.

Price: DHCR Adm. Rev. Dckt. No. DB 710019-RO (6/10/94) [2-page document]