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Posted by Chelsea on October 19, 2000 at 11:33:31:

In Reply to: Re: questions (retaliatory eviction) posted by Mark Smith on October 19, 2000 at 09:55:20:

Well, it appears that the landlord says it is not stabilized, but that doesn't mean it isn't. My point is, and I speak from personal experience here, that tenants shouldn't go by what the landlord or the lease says in trying to determine whether a building is stabilized. Landlords often lie about this to remove units from regulation. Tenants should start by checking with DHCR, but not even take DHCR's word for it if there's reason to doubt, because DHCR may be simply reporting what the landlord has filed. The tenant needs to look at the age and number of units, and the history of the building (has there been a substantial rehabilitation.)

In this case, the tenant has told me off-forum that the building has five units, and an office. It's worth checking with DHCR, and possibly the certificate of occupancy at the Building Department, to see if there were more units recently enough for it to be subject to stabilization.

But even if it isn't stabilized, it might be helpful to explain the significance of four or more units, Mark. Why is that number so important?

Follow Ups:

• Re: stabilized or not? Mark Smith 10/19/00 (3)
  • Jeez, don't have a cow chelsea 10/19/00 (2)
    • Chelsea: Read, and Don't Put Your Reply Ahead Mark Smith 10/19/00 (0)
    • Chelsea: Read, and Don't Put Your Reply Ahead Mark Smith 10/19/00 (0)

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Comments:
: Well, it appears that the landlord says it is not stabilized, but that doesn't mean it isn't.  My point is, and I speak from personal experience here, that tenants shouldn't go by what the landlord or the lease says in trying to determine whether a building is stabilized.  Landlords often lie about this to remove units from regulation. Tenants should start by checking with DHCR, but not even take DHCR's word for it if there's reason to doubt, because DHCR may be simply reporting what the landlord has filed.  The tenant needs to look at the age and number of units, and the history of the building (has there been a substantial rehabilitation.)

: In this case, the tenant has told me off-forum that the building has five units, and an office.   It's worth checking with DHCR, and possibly the certificate of occupancy at the Building Department, to see if there were more units recently enough for it to be subject to stabilization.

: But even if it isn't stabilized, it might be helpful to explain the significance of four or more units, Mark.  Why is that number so important?


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