Landlord Didn't Prove Building Was Substantially Rehabilitated

April 30, 2003

LVT Number: 16547

Landlord asked the DHCR for a determination that its building was exempt from rent stabilization based on substantial rehabilitation. The DHCR ruled against landlord. Landlord appealed and lost. The DHCR relied on the criteria set forth in its Operational Bulletin 95-2 and found that landlord hadn't replaced at least 75 percent of the building-wide and apartment systems. The DHCR's decision was reasonable.

Landlord asked the DHCR for a determination that its building was exempt from rent stabilization based on substantial rehabilitation. The DHCR ruled against landlord. Landlord appealed and lost. The DHCR relied on the criteria set forth in its Operational Bulletin 95-2 and found that landlord hadn't replaced at least 75 percent of the building-wide and apartment systems. The DHCR's decision was reasonable.

H.M. Village Realty v. DHCR: NYLJ, 4/7/03, p. 20, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Sullivan, Lerner, Friedman, Gonzalez, JJ)

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