Trial Court Must Determine If Building Was Substantially Rehabbed

Trial Court Must Determine If Building Was Substantially Rehabbed



LVT Number: #29779

Landlord sued to evict tenant, claiming that tenant was unregulated because the building had been substantially rehabilitated in the mid-1980s. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened and sent back to the trial court for further consideration. Further fact-finding was needed. Landlord didn't show that at least 75 percent of the building's systems had been replaced, as required by DHCR Operational Bulletin 95-2.

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WFCC Realty Corp. v. Lin: 61 Misc.3d 130(A), 2018 NY Slip Op 51402(U) (App. T. 1 Dept.; 10/4/18; Ling-Cohan, JP, Gonzalez, Cooper, JJ)