Building Completed Before 1974 Subject to Rent Stabilization

August 6, 2013

LVT Number: #24942

Landlord sued to evict tenant, claiming that he was unregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The six-story building containing 48 apartments was constructed and received an initial temporary certificate of occupancy (C of O) from DOB on Nov. 28, 1973. The permissible uses authorized by the initial temporary C of O were nearly identical to the uses listed in the renewed temporary C of O issued on March 22, 1974, and in the permanent C of O issued on July 9, 1974.

Landlord sued to evict tenant, claiming that he was unregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The six-story building containing 48 apartments was constructed and received an initial temporary certificate of occupancy (C of O) from DOB on Nov. 28, 1973. The permissible uses authorized by the initial temporary C of O were nearly identical to the uses listed in the renewed temporary C of O issued on March 22, 1974, and in the permanent C of O issued on July 9, 1974. So the trial court correctly determined that the building had been completed prior to Jan. 1, 1974, the statutory date for determining rent-stabilization status.

Gaia By The Park, LLC v. Near: 2013 NY Slip Op 23257, 2013 WL 3942913 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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