Apartment Not Exempt for 10 Years

April 1, 1998

LVT Number: 12258

Landlord sued to evict tenant, claiming that the apartment was exempt from rent stabilization for over 10 years because tenant occupied the apartment as employee. Tenant claimed this wasn't true and asked the court to dismiss this claim without a trial. The court ruled for tenant, and landlord appealed and lost. Tenant proved that he'd paid rent to landlord until at least 1992.

Landlord sued to evict tenant, claiming that the apartment was exempt from rent stabilization for over 10 years because tenant occupied the apartment as employee. Tenant claimed this wasn't true and asked the court to dismiss this claim without a trial. The court ruled for tenant, and landlord appealed and lost. Tenant proved that he'd paid rent to landlord until at least 1992.

Elgart v. Martin: NYLJ, p. 27, col. 4 (3/31/98) (App. T. 2 Dept.; Aronin, JP, Scholnick, Chetta, JJ)

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