The Legal Aid Society filed a lawsuit against the New York City Department of Buildings (DOB), the New York State Department of Homes and Community Renewal (DHCR), and individual landlords, seeking to stop illegal apartment layout alterations initiated by the landlords, which are threatening to displace long-term rent-stabilized tenants, as reported by Gothamist.

Currently, DHCR oversees the local rent-stabilized housing stock in New York City and DOB approves building permits proposed by landlords. Per New York’s Rent Stabilization Code, landlords are required to obtain approval to reconfigure apartment spaces from DHCR. But rather than secure DHCR approval, landlords are circumventing the law by going directly to DOB.

Tenants at 475 43rd Street (AKA 4228 5th Street) in Brooklyn were temporarily displaced from their apartments after a fire ravaged their rent-stabilized building on November 3, 2021. While the tenants were displaced, the landlords submitted plans to change the layouts of the units – reducing the number of bedrooms and living spaces for families and children – directly to the DOB, a clear violating of the law.

“Our clients and their families are facing permanent displacement from their homes and communities because these unscrupulous landlords are exploiting a loophole that could easily be corrected if DHCR and the DOB merely coordinated with one another,” said Nell Hirschmann-Levy, Supervising Attorney with the Housing Justice Unit – Group Advocacy at The Legal Aid Society. “It is reprehensible that these agencies have not addressed or attempted to end this egregious practice on their own. We look forward to fighting on behalf of our clients in court.”