Landlord Didn't Replace 75% of Building Systems

LVT Number: 15961

Landlord applied for a ruling that the building was exempt from rent stabilization because of substantial rehabilitation. The DRA ruled against landlord. Landlord appealed and lost. The building contained 14 of the 17 building systems that the DHCR looked at in these cases. Landlord was required to replace 11 of the 14 systems to qualify as having replaced 75 percent of the building systems. Landlord didn't entirely replace plumbing, gas and heating, or electricity. And landlord didn't replace windows at all. So the building wasn't substantially rehabilitated.

Landlord applied for a ruling that the building was exempt from rent stabilization because of substantial rehabilitation. The DRA ruled against landlord. Landlord appealed and lost. The building contained 14 of the 17 building systems that the DHCR looked at in these cases. Landlord was required to replace 11 of the 14 systems to qualify as having replaced 75 percent of the building systems. Landlord didn't entirely replace plumbing, gas and heating, or electricity. And landlord didn't replace windows at all. So the building wasn't substantially rehabilitated.

H.M. Village Realty: DHCR Admin. Rev. Dckt. No. PJ410026RO (5/17/02) [3-pg. doc.]

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