Apartment Wasn't Owner- Occupancy Decontrolled

May 31, 1993

LVT Number: 7027

Landlord sued to evict tenant. Tenant's apartment had been owner-occupied from 1930 to 1935. A prior tenant then lived in the apartment from 1935 to 1957, when tenant moved in. In 1993, new landlord claimed that tenant's apartment had been decontrolled by the owner occupancy. The court found that tenant's apartment was rent-controlled. Landlord's occupancy of the apartment ended before April 1, 1953. And there was a gap between the time the apartment was owner-occupied and the time when tenant moved in.

Landlord sued to evict tenant. Tenant's apartment had been owner-occupied from 1930 to 1935. A prior tenant then lived in the apartment from 1935 to 1957, when tenant moved in. In 1993, new landlord claimed that tenant's apartment had been decontrolled by the owner occupancy. The court found that tenant's apartment was rent-controlled. Landlord's occupancy of the apartment ended before April 1, 1953. And there was a gap between the time the apartment was owner-occupied and the time when tenant moved in.

Adinolfi v. Fabrizio: NYLJ, p. 24, col. 6 (5/5/93) (Civ. Ct. Kings; Andreacchi, J)

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