Building Owned by Nonprofit Institution

February 1, 1995

LVT Number: 9475

The DHCR ruled that a building owned by a nonprofit institution was exempt from rent stabilization. Tenants appealed, and the court ruled for landlord. Tenants appealed again, arguing that the DHCR's ruling was arbitrary because it didn't hold a hearing before reaching its ruling. The appeals court also ruled for landlord. Landlord had proved that the building was owned by a nonprofit institution and was operated exclusively for charitable or educational purposes. So, it's exempt from rent regulation.

The DHCR ruled that a building owned by a nonprofit institution was exempt from rent stabilization. Tenants appealed, and the court ruled for landlord. Tenants appealed again, arguing that the DHCR's ruling was arbitrary because it didn't hold a hearing before reaching its ruling. The appeals court also ruled for landlord. Landlord had proved that the building was owned by a nonprofit institution and was operated exclusively for charitable or educational purposes. So, it's exempt from rent regulation. And the DHCR didn't have to hold a hearing since its ruling was based on undisputed facts and didn't involve the credibility of any witness.

Jones v. DHCR: NYLJ, p. 26, col. 3 (1/26/95) (App. Div. 1 Dept.; Murphy, JP, Ross, Williams, Tom, JJ)

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