Building with Sixth Apartment in Basement Is Rent Stabilized

LVT Number: #24228

Tenant claimed that her building was subject to rent stabilization and asked the DHCR for a ruling. The DRA ruled for tenant, finding that the building had six or more apartments. Landlord appealed and lost. Landlord had submitted copies of the Certificate of Occupancy (C of O) issued in 1927 for a five-unit building, as well as a DOF deed transfer document showing he bought the building in 2007. But the DRA properly found that the C of O was insufficient to prove the number of apartments that were in the building on Jan. 1, 1974, which was the rent-stabilization base date.

Tenant claimed that her building was subject to rent stabilization and asked the DHCR for a ruling. The DRA ruled for tenant, finding that the building had six or more apartments. Landlord appealed and lost. Landlord had submitted copies of the Certificate of Occupancy (C of O) issued in 1927 for a five-unit building, as well as a DOF deed transfer document showing he bought the building in 2007. But the DRA properly found that the C of O was insufficient to prove the number of apartments that were in the building on Jan. 1, 1974, which was the rent-stabilization base date. And the deed transfer document stated only that the "property type" was "4-6 Family with Store/Office" as of 2007. DHCR inspection, on the other hand, showed that there was a sixth unit in the basement.

Foyle: DHCR Adm. Rev. Docket No. AN210049RO (6/22/12) [2-pg. doc.]

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