Trial Must Determine Whether Building Is Exempt from Rent Stabilization

LVT Number: #29848

Landlord sued to evict unregulated tenant, claiming that the building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. Tenant claimed that he was rent stabilized and asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed, and the case was reopened. DHCR Operational Bulletin 95-2 generally requires that 75 percent of listed building systems be replaced in order to qualify for substantial rehab exemption.

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Heller v. Cooper: Index No. 570646/18, 2018 NY Slip Op 51944(U) (App. T. 1 Dept.; 12/28/18; Ling-Cohan, JP, Gonzalez, Cooper, JJ)