Apartment Covered Despite Post-Conversion Vacancy

May 31, 1998

LVT Number: 12403

Tenant claimed that his apartment, which was located in a horizontal multiple dwelling complex that had been split up, was subject to rent stabilization. Landlord argued that the apartment was no longer rent-stabilized. The DHCR ruled for tenant, and landlord appealed. The court and appeals court ruled against landlord. Landlord bought the 20-building garden apartment complex in 1977. In 1985 and 1986 landlord converted the complex into independent buildings with fewer than six units each, sold nine of the buildings, and kept eleven of them, including tenant's building.

Tenant claimed that his apartment, which was located in a horizontal multiple dwelling complex that had been split up, was subject to rent stabilization. Landlord argued that the apartment was no longer rent-stabilized. The DHCR ruled for tenant, and landlord appealed. The court and appeals court ruled against landlord. Landlord bought the 20-building garden apartment complex in 1977. In 1985 and 1986 landlord converted the complex into independent buildings with fewer than six units each, sold nine of the buildings, and kept eleven of them, including tenant's building. The DHCR ruled that the apartment remained rent-stabilized even though there had been a vacancy after the buildings were converted. The courts found that the DHCR's ruling was rational and wasn't arbitrary or capricious.

Zandieh v. DHCR: NYLJ, p. 32, col. 3 (5/1/98) (App. Div. 2 Dept.; O'Brien, JP, Santucci, Altman, Friedmann, JJ)

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