RSL §26-504(a) states that the RSL shall only apply to buildings “containing six or more units.” ETPA 5§(a)(4) similarly states that no declaration of emergency can be declared with respect to “a building containing fewer than six dwelling units.”

It would seem that counting the number of units in a building would be an easy task, but it is not. The number of apartments in a building can increase or decrease over time. “Residential” units can be legal or illegal. Residential space counts toward the six units, but commercial space does not.