Landlord Can't Get DHCR Approval for Demolition of One Apartment

LVT Number: #27921

Landlord applied to the DHCR for permission to proceed for eviction of rent-controlled tenant in order to demolish the apartment. Landlord claimed that the apartment had unsanitary conditions and no bathroom sink. Landlord also said that the other three building apartments were unregulated. The DRA ruled against landlord, who appealed and lost. Rent & Eviction Regulations Section 2204.8(a) permits demolition of an entire building but not just of one apartment. Such demolition wouldn't result in a 20 percent increase in housing accommodations.

Landlord applied to the DHCR for permission to proceed for eviction of rent-controlled tenant in order to demolish the apartment. Landlord claimed that the apartment had unsanitary conditions and no bathroom sink. Landlord also said that the other three building apartments were unregulated. The DRA ruled against landlord, who appealed and lost. Rent & Eviction Regulations Section 2204.8(a) permits demolition of an entire building but not just of one apartment. Such demolition wouldn't result in a 20 percent increase in housing accommodations.

Ruotolo: DHCR Adm. Rev. Docket No. EW220057RO (7/3/17) [4-pg. doc.]

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