November 29, 2006
In your November 16, 2006 E-Mail to Michael Rosenblatt, you ask whether a Rent Stabilized tenant would remain protected if an owner makes alterations to the subject building which reduce the number of units to less than six. In your November 17, 2006 E-Mail you specified that the building is an SRO, which the owner alters to two or three units and ask whether a Stabilized tenant who remains in the building would retain his or her Stabilized status.
The answer is "yes". That is, alterations to a Stabilized building which merely reduce the number of units from six, or more to five, or less will not destabilize the building or deprive any tenant of his or her protections under the Rent Stabilization Law. The fact that the building is an SRO will not change this result. See Rent Stabilization Code (RSC) Section 2520.11(d).
I hope this letter has addressed your concerns. However, please be advised that this opinion letter is not a substitute for a formal agency order issued upon prior notice to all parties, such parties having been afforded the opportunity to be heard.
Very truly yours,
Gregory Fewer, Director
Policy and Legislative Liaison Unit
Last updated on 04/08/08