Rent Stabilization Code §2520.11(e), as supplemented by DHCR Operational Bulletin 95-2 (OB 95-2), exempts from rent stabilization “housing accommodations in buildings completed or buildings substantially rehabilitated as family units on or after January 1, 1974.” In the recent case of Bartis v. Harbor Tech, 2014 WL 2861558 (Sup Ct Kings County), Justice Debra Silber ruled that buildings converted on or after Jan. 1, 1974 from commercial to residential use are exempt from rent stabilization, even if the owner has not satisfied all of the substantial rehabilitation requirements set forth in the code and in OB 95-2.
Silber’s ruling provides an occasion to examine the substantial rehabilitation exemption, particularly as it applies to apartments that were created from non-residential space.
ETPA
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