Rent Regulation: When Is A Building “Completed”?
RENT REGULATION: WHEN IS A BUILDING “COMPLETED”?
Whether or not a building is subject to Rent Regulation can hinge on when that building was completed. If a building was completed prior to January 1, 1974 that building will be rent regulated.
But what does “completed” mean?
Our firm discovered that in a holdover proceeding in which the landlord claimed the building was not rent regulated since the certificate of occupancy was issued after January 1, 1974, a temporary certificate of occupancy had been issued prior to January 1, 1974.
Our firm represented the tenant.
After trial, the trial court ruled that in conformance with prior DHCR rulings (unrelated to this case) and based on related case law, the date of the issuance of the temporary certificate of occupancy was the operative date for determining when a building was complete. The Court ruled that the building was in fact rent regulated, and dismissed the proceeding. (Gaia by the Park LLC v. Near, NY Civ Ct., 69808/2011, NYLJ 1202551386494, April 4, 2012.)
The Appellate Term upheld the trial court: NY Slip Op 23257: July 31, 2013.
…and the Appellate Term just denied the landlord leave to appeal on February 11, 2014.
