Landlord Must File Application to Get Ruling on Substantial Rehab

Tenant claimed that he was rent stabilized and asked the DHCR to determine his status. Landlord argued that the building had 17 apartments and was exempt due to a substantial rehabilitation in 1996. The DRA ruled for tenant and said that the building was rent stabilized until there was a ruling that it had been substantially rehabbed. The DRA said that landlord must file an application using DHCR Form RS-3 to get a ruling on that question. Landlord appealed and won. The DRA's ruling was premature. The proof submitted by landlord indicated that the building had been substantially rehabbed. Landlord submitted DOB-approved building plans and a certificate of completion, an architect's affidavit, and cancelled checks totalling $42,000. Landlord claimed that the building had been abandoned and was vacant when the work was done. Landlord also had now filed the RS-3 application. So the DRA's determination that the building was still rent stabilized was premature and was revoked.

525 East Realty Corp.: DHCR Adm. Rev. Docket No. BQ410045RO (11/21/14) [2-pg. doc.]