2001 DOB Violation Report Proves Building Contained Six or More Dwelling Units

July 26, 2024

LVT Number: #33301

Landlord sued to evict month-to-month tenant in 2020 and stated that tenant wasn't rent stabilized because the building contained fewer than six apartments. In response, tenant claimed that the building was rent stabilized and asked the court to dismiss the case. The court ruled for tenant. The court took judicial notice of a 2001 DOB violation report found on DOB's website and pointed out by tenant, which stated that there was a seven-unit SRO on the building's third floor. The violation report established that the building contained six or more units after 1974.

Landlord sued to evict month-to-month tenant in 2020 and stated that tenant wasn't rent stabilized because the building contained fewer than six apartments. In response, tenant claimed that the building was rent stabilized and asked the court to dismiss the case. The court ruled for tenant. The court took judicial notice of a 2001 DOB violation report found on DOB's website and pointed out by tenant, which stated that there was a seven-unit SRO on the building's third floor. The violation report established that the building contained six or more units after 1974. So, the building was subject to rent stabilization and the case must be dismissed.

King-Knights v. Hall: App. No. 2023-1205 KC, 2024 NY Slip Op 50805(U)(App. T. 2 Dept.; 6/14/24; Toussaint, PJ, Buggs, Ottley, JJ)

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