Apartment That Was Previously Temporarily Exempt Remained Rent Stabilized

December 20, 2016

LVT Number: #27413

Landlord sued to evict tenant, claiming that the apartment was unregulated due to high-rent vacancy deregulation. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. DHCR records showed that the apartment was never registered. Although the apartment previously was temporarily exempt from rent stabilization, landlord should have provided the first tenant thereafter with a rent-stabilized lease, and the apartment therefore didn’t become deregulated.

Landlord sued to evict tenant, claiming that the apartment was unregulated due to high-rent vacancy deregulation. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. DHCR records showed that the apartment was never registered. Although the apartment previously was temporarily exempt from rent stabilization, landlord should have provided the first tenant thereafter with a rent-stabilized lease, and the apartment therefore didn’t become deregulated. Landlord also failed to present proof of the legal regulated rent, and without a registered rent it couldn’t be shown that the rent went above the deregulation threshold.

 

 

 
1521 Bergen Corp. v. Husbands: Index No. L&T 099575/15, NYLJ 1202771804138 (Civ. Ct. Kings; 10/25/16; Finkelstein, J)

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