Landlord Didn't Prove Building Was Exempt from Rent Stabilization

Rent-stabilized tenant complained of a reduction in services based on an uninhabitable apartment. The DRA ruled for tenant and reduced his rent to $1 per month based on a vacate order issued by DOB. Landlord appealed and lost. Landlord claimed that the building was a four-unit multiple dwelling built before 1974 and therefore wasn't subject to rent stabilization. Tenant claimed that the building had six units. Landlord never answered the DRA's notice of tenant's complaint and had never registered the building with the DHCR. In another case, the DHCR had ruled in 1997 that another apartment in the building was rent stabilized. Landlord submitted no proof that the building was exempt from rent stabilization. However, landlord could file an administrative determination (AD) proceeding with the DHCR to obtain a ruling on whether the building and apartment were subject to rent stabilization.

Zhang: DHCR Adm. Rev. Docket No. FQ410001RO (6/8/18) [3-pg. doc.]