Landlord Didn't Notify Rent-Controlled Tenant Before Filing Demolition Application

Landlord applied to the DHCR for permission to demolish an eight-unit building in order to construct a two-family house. A rent-controlled tenant in the building objected, claiming that landlord wasn't acting in good faith and that it may in fact be seeking to sell the building. The DRA ruled against landlord because, before submitting building plans to DOB, landlord didn't serve tenants and file with the DHCR a report and certification to alter or demolish occupied housing accommodations. Landlord's plans were filed at the DOB a few months before the "RC-50" notice was served on the affected tenants.

Landlord appealed and lost. The procedural requirement to serve the RC-50 form on tenants was unrelated to, and not conditioned upon, any harassment claim. Both Rent Control Regulation Section 9 NYCRR 2203.10 and DHCR Fact Sheet 11 on Demolition specifically set out a prior notice requirement to demolish a building that contained rent-controlled tenants. It didn't matter that landlord's initial plan had been rejected since the notice requirement wasn't tied to or contingent upon the DOB approval of such plans.

951 LLC: DHCR Adm. Rev. Docket No. JN410001RO (11/1/21)[3-pg. document]