Tenant in Rehabilitated Building Covered

Facts:Tenant complained to the DHCR that landlord didn't give her a renewal lease. She'd been living in the apartment for about 23 years. Landlord argued that she'd substantially rehabilitated the building so that tenant's apartment was no longer rent-stabilized. Tenant had stayed in her apartment during the renovation work. The DHCR ruled for tenant. She was entitled to a renewal lease. Even if the rest of the building was exempt from rent stabilization based on substantial rehabilitation, tenant's apartment was still rent-stabilized because it hadn't been renovated along with the rest of the building. Landlord appealed. Court:Tenant wins. Although landlord didn't have to completely gut the building to qualify for the substantial rehabilitation exemption, tenant's apartment hadn't been renovated. So, landlord had incurred no costs attributable to tenant's apartment, and tenant hadn't benefitted from the building renovation.

Copeland v. DHCR: NYLJ, p. 26, col. 4 (1/5/95) (Sup. Ct. NY; Schoenfeld, J)