Landlord Didn't Prove Building Had Fewer than Six Units

Landlord claimed that the building had four apartment units and was exempt from rent stabilization. The DHCR ruled against landlord, finding that the building had six units on the June 30, 1974, base date. Landlord appealed, claiming that the DHCR's decision was unreasonable. There were no DOB or HPD records showing a conversion to fewer than six units prior to July 1, 1974. Landlord had submitted NYC Department of Finance records showing that the building was set up as a four-unit dwelling in the 1960s. Landlord also relied on prior owner's 1995 sworn statement that her aunt occupied the entire building in March 1973, that the building was vacant between 1973 and March 1974, was then leased to another individual for three years, and contained four apartments when prior landlord took over in 1978. The court and appeals court ruled against landlord. DOB records listed the building as a six-unit SRO since the 1960s. None of landlord's or tenants' documents showed how many units were actually in the building on June 30, 1974. So it was reasonable for the DHCR to rely on DOB records to determine that the building had six units on the rent stabilization base date.

Brown v. Roldan: NYLJ, 7/14/03, p. 18, col. 6 (App. Div. 1 Dept.; Tom, JP, Andrias, Sullivan, Rosenberger, Friedman, JJ)