Landlord Didn't Qualify for Substantial Rehabilitation Exemption

January 1, 2004

LVT Number: 17068

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization because of substantial rehabilitation. The DHCR ruled against landlord. Landlord appealed and lost. Landlord didn't submit documents showing that at least 75 percent of the building-wide and apartment systems had been completely replaced. This was required under DHCR Operational Bulletin 95-2. It didn't matter that the work was done in 1983. The DHCR properly applied the standards set forth in its 1995 operational bulletin.

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization because of substantial rehabilitation. The DHCR ruled against landlord. Landlord appealed and lost. Landlord didn't submit documents showing that at least 75 percent of the building-wide and apartment systems had been completely replaced. This was required under DHCR Operational Bulletin 95-2. It didn't matter that the work was done in 1983. The DHCR properly applied the standards set forth in its 1995 operational bulletin.

Woodcrest Mgmt. Corp. v. DHCR: NYLJ, 12/11/03, p. 26, col. 5 (App. Div. 1 Dept.; Buckley, PJ, Andrias, Saxe, Williams, Gonzalez, JJ)

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