Apartment Was Deregulated by High-Rent Vacancy

December 17, 2013

LVT Number: #25237

Landlord sued to evict unregulated tenant. Tenant claimed that he was rent stabilized. The court ruled for landlord. Tenant appealed and lost. Prior long-term rent-stabilized tenant moved out in 2007. Landlord then paid $42,800 to extensively renovate the apartment and proved it with copies of cancelled checks and invoices sent at the time. The work included a gut renovation of the kitchen and bathroom-related plumbing work, Sheetrocking of walls, and new floors.

Landlord sued to evict unregulated tenant. Tenant claimed that he was rent stabilized. The court ruled for landlord. Tenant appealed and lost. Prior long-term rent-stabilized tenant moved out in 2007. Landlord then paid $42,800 to extensively renovate the apartment and proved it with copies of cancelled checks and invoices sent at the time. The work included a gut renovation of the kitchen and bathroom-related plumbing work, Sheetrocking of walls, and new floors. By adding a legal vacancy increase plus 1/40th of the cost of the improvements to prior tenant's rent, the new rent was more than $2,000 per month and therefore deregulated. 

206 West 104th Street LLC v. Cohen: 41 Misc.3d 134(A), 2013 NY Slip Op 51858(U) (App. T. 1 Dept.; 11/14/13; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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