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TenantNet Forum Archives 1996-2002
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DHCR Overcharge problem

Posted by Matty on June 11, 1997 at 00:13:09:

I recently discovered that my building shares a common boiler, water meter, electric etc. with the next building over.
They have been owned by the same people for more than 20 years and they are
both over 100 years old.
One has five dwellings and the other four. (9 total)
My understanding is that under 2520.11d of the Rent Stabilization Code this
would qualify as a rent stabilized dwelling.
However, I discovered that back in 1987 a tenant brought a DHCR overcharge
complaint against the landlord and the DHCR noted that the building had less than
6 units and was declared not stabilized based on the C of O.
Clearly this decision was based on incomplete information regarding
the status of the central utilities. Infact, the ground floor has
a commercial space that shares both buildings.
Do I and my fellow tenants have a chance of challenging this?

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