Findings Must Be Lifted on Building-Wide Basis

LVT Number: 12593

Landlord's building remained subject to rent control even after rent-controlled tenants moved out based on a finding of harassment by the DHCR. Landlord asked the DHCR whether the harassment finding could be lifted on an apartment-by-apartment basis. In an opinion letter, the DHCR said that under rent control regulations and DHCR policy, a harassment finding could be lifted only for the group of apartments covered by the ruling, unless the building had been converted to a cooperative or condominium.

Landlord's building remained subject to rent control even after rent-controlled tenants moved out based on a finding of harassment by the DHCR. Landlord asked the DHCR whether the harassment finding could be lifted on an apartment-by-apartment basis. In an opinion letter, the DHCR said that under rent control regulations and DHCR policy, a harassment finding could be lifted only for the group of apartments covered by the ruling, unless the building had been converted to a cooperative or condominium. Since the harassment finding in question had been issued for the whole building, it couldn't be lifted apartment by apartment.

DHCR Opin. Ltr. by Charles Goldstein (8/12/97) [2-page document]

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