Building that Contained at Least Six Apartments Was Rent Stabilized

August 28, 2017

LVT Number: #27878

Landlord sued to evict unregulated tenant and claimed the building contained four apartments. Tenant claimed that she was rent stabilized and that the building contained 10 apartments. Tenant said that landlord had added additional apartments many years ago. Landlord claimed that it didn't add these apartments and was trying to reduce the number back to four. The court ruled for tenant and dismissed the case. It didn't matter how these apartments were created. Once the building contained at least six housing units, it became subject to rent stabilization.

Landlord sued to evict unregulated tenant and claimed the building contained four apartments. Tenant claimed that she was rent stabilized and that the building contained 10 apartments. Tenant said that landlord had added additional apartments many years ago. Landlord claimed that it didn't add these apartments and was trying to reduce the number back to four. The court ruled for tenant and dismissed the case. It didn't matter how these apartments were created. Once the building contained at least six housing units, it became subject to rent stabilization. Tenant also showed ECB violation reports based on DOB inspection in 2015, and photographs showing that there were six or more apartment doors and mailboxes in the building. 

R.G.P. Management and Realty Corp. v. Jones: Index No. L&T 071656/16, NYLJ No. 1202793829750 (Civ. Ct. Kings; 7/7/17; Sikowitz, J)

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