Building That Briefly Contained Sixth Illegal Apartment Was Rent Stabilized

May 25, 2017

LVT Number: #27686

Landlord sued to evict month-to-month tenants of four apartments. Landlord claimed that tenants were unregulated. Tenants asked the court to dismiss the cases, claiming that they were rent stabilized. The court ruled for tenants. At one time, there were six apartments in the building. It was undisputed that there were currently five units, but tenants claimed that a sixth was added after the building’s Certificate of Occupancy was issued. Landlord argued that, within five days of finding an illegal use, it cured the violation by removing the sixth unit.

Landlord sued to evict month-to-month tenants of four apartments. Landlord claimed that tenants were unregulated. Tenants asked the court to dismiss the cases, claiming that they were rent stabilized. The court ruled for tenants. At one time, there were six apartments in the building. It was undisputed that there were currently five units, but tenants claimed that a sixth was added after the building’s Certificate of Occupancy was issued. Landlord argued that, within five days of finding an illegal use, it cured the violation by removing the sixth unit. Although cured, the fact that there were at one point six apartments in the building, which was built before 1974, made it subject to rent stabilization.

 

 

 
567 W. 184th LLC v. Martinez: Index No. L&T60719/16, NYLJ No 1202783907033 (Civ. Ct. NY; 4/4/17; Stanley, J)

Topics

More like this