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Posted by Frank Alvarez on March 07, 1997 at 00:13:05:

In Reply to: Is my apt. rent stabalized? posted by Bruce Lenkei on March 06, 1997 at 15:15:49:

: I went to
: the dept. of buildings and got copies of the C of O, the most recent from
: 1953, wich say our building has only 5 apts and one office. This "office"
: is simply the 6th apt. but since it's on the C of O this way, the DHCR
: now say they can do nothing to help us. My question is this; is there
: any city agency that can help us stay in our apt.?

In order to be stabilized (in most cases) there must be six or more units.
There are some exceptions if the unit is under the old state rent control
(which dates back to the fifties -- and there are a few left). You might
be out of luck. What you can do is get the Department of Buildings to inspect
and declare the actual occupancy violates the stated CofO and the remedy
would be to change it back to an office (which is not good as that might
evict someone else) or to make the CofO legal by amending it. Then, you
would have six units and you could argue that it's been like this all along.
You should probably consider appealing the DHCR's decision lest it become final.
I'm sure they did no independent investigation of the matters you raised,
and that in itself should be grounds for appeal. You should also get a good
lawyer on this one.

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Comments:
: : I went to
: : the dept. of buildings and got copies of the C of O, the most recent from
: : 1953, wich say our building has only 5 apts and one office. This "office"
: : is simply the 6th apt. but since it's on the C of O this way, the DHCR
: : now say they can do nothing to help us. My question is this; is there
: : any city agency that can help us stay in our apt.?

: In order to be stabilized (in most cases) there must be six or more units.
: There are some exceptions if the unit is under the old state rent control
: (which dates back to the fifties -- and there are a few left). You might
: be out of luck. What you can do is get the Department of Buildings to inspect
: and declare the actual occupancy violates the stated CofO and the remedy
: would be to change it back to an office (which is not good as that might
: evict someone else) or to make the CofO legal by amending it. Then, you
: would have six units and you could argue that it's been like this all along.
: You should probably consider appealing the DHCR's decision lest it become final.
: I'm sure they did no independent investigation of the matters you raised,
: and that in itself should be grounds for appeal. You should also get a good
: lawyer on this one.


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