No Substantial Rehab Proved Without New C of O

LVT Number: #30520

Landlord asked the DHCR to rule on whether its building was exempt from rent stabilization. Landlord claimed that the building was substantially rehabilitated after Jan. 1, 1974, by work done in 2015-2016. The DRA ruled against landlord, who appealed and lost. DOB-approved plans submitted by landlord showed only that work was done in apartments on the building's third and fourth floors. Landlord claimed that additional work was done, but submitted documentation didn't confirm this.

Landlord asked the DHCR to rule on whether its building was exempt from rent stabilization. Landlord claimed that the building was substantially rehabilitated after Jan. 1, 1974, by work done in 2015-2016. The DRA ruled against landlord, who appealed and lost. DOB-approved plans submitted by landlord showed only that work was done in apartments on the building's third and fourth floors. Landlord claimed that additional work was done, but submitted documentation didn't confirm this. Also, landlord had obtained neither a new Certificate of Occupancy nor a DOB Letter of Completion, which would show that claimed work complied with all applicable building codes and requirements. So landlord failed to prove that a substantial rehabilitation of the building had been completed.

174 Street, LLC: DHCR Adm. Rev. Docket No. GW210031RO (10/7/19) [5-pg. doc.]

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