Landlord's SRO Building Was Subject to Rent Stabilization

LVT Number: #33144

In 2022, landlord asked the DHCR for a ruling that its building was exempt from rent regulation because the apartments were used exclusively for charitable purposes on a nonprofit basis. The DRA ruled against landlord and found that the building was rent stabilized. It was built prior in 1910 and contained 10 SRO dwelling units. A Certificate of Occupancy dated Nov. 2, 1953, classified the premises as a Class B multiple dwelling converted with 10 furnished rooms and one community kitchen. HPD had a multiple dwelling registration for 10 Class B units.

In 2022, landlord asked the DHCR for a ruling that its building was exempt from rent regulation because the apartments were used exclusively for charitable purposes on a nonprofit basis. The DRA ruled against landlord and found that the building was rent stabilized. It was built prior in 1910 and contained 10 SRO dwelling units. A Certificate of Occupancy dated Nov. 2, 1953, classified the premises as a Class B multiple dwelling converted with 10 furnished rooms and one community kitchen. HPD had a multiple dwelling registration for 10 Class B units. DOB records showed ECB violations in 2010 for an illegal conversion to include a Class A basement apartment. There were also violations on record for illegal transient use.

Landlord appealed and lost. Landlord failed to prove that tenants in the building were affiliated with landlord's claimed charity.

Omene, TTEE: DHCR Adm. Rev. Docket Nos. LS210002RP, KX210031RO (3/1/24)[4-pg. document]

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