Building That Was Part of HMD in 1984 Is Rent Stabilized

LVT Number: #31269

An unregulated tenant asked the DHCR to determine his status, claiming that he was rent stabilized. Tenant said that he moved into his apartment in 1984, when the building was part of a horizontal multiple dwelling (HMD). The HMD was later subdivided into two-family dwellings. The DRA ruled for tenant after landlord failed to respond. Landlord appealed, but its PAR was dismissed as untimely. Landlord then filed an Article 78 court appeal, and the DHCR agreed to take the case back for reconsideration. The DHCR then ruled against landlord.

An unregulated tenant asked the DHCR to determine his status, claiming that he was rent stabilized. Tenant said that he moved into his apartment in 1984, when the building was part of a horizontal multiple dwelling (HMD). The HMD was later subdivided into two-family dwellings. The DRA ruled for tenant after landlord failed to respond. Landlord appealed, but its PAR was dismissed as untimely. Landlord then filed an Article 78 court appeal, and the DHCR agreed to take the case back for reconsideration. The DHCR then ruled against landlord. Landlord confirmed that tenant's building was part of an HMD in 1984. So, tenant had been rent stabilized since that time. In a separate proceeding, landlord failed to demonstrate that the building had been substantially rehabilitated. 

ZQ 108 LLC: DHCR Adm. Rev. Docket Nos. HO110004RP, GV110007RO (2/18/21) [3-pg. doc.]

Downloads

HO110004RP.pdf1.48 MB