Landlord Didn't Submit Sufficient Proof of Claimed Substantial Rehab

LVT Number: #32465

Landlord applied for a ruling from the DHCR that its building was exempt from rent stabilization due to substantial rehabilitation. Landlord said that it bought the vacant building in 2021 and performed gut renovations resulting in all new building systems. The DRA ruled against landlord, who appealed and lost.

Landlord applied for a ruling from the DHCR that its building was exempt from rent stabilization due to substantial rehabilitation. Landlord said that it bought the vacant building in 2021 and performed gut renovations resulting in all new building systems. The DRA ruled against landlord, who appealed and lost. The DRA had issued several requests for additional information/evidence to landlord in 2022, and ruled that landlord had failed to submit necessary evidence that included DOB Job Application Detail, work contracts, invoices, proper proof of payment, an architect or engineer affidavit, and full-scale plans. While landlord argued that it had requested an open extension to submit additional information, such request wasn't found in the DHCR's files. And, even if such request had been granted, landlord's application was pending for about a year before an order was issued and the DRA gave landlord ample opportunity to produce necessary proof to support its application. The DRA wasn't required to keep landlord's application open indefinitely. 

973 Met, LLC: DHCR Adm. Rev. Docket No. KX210010RO (2/21/23)[4-pg. document]

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