Building Contained Sixth, Illegal Apartment

October 28, 2020

LVT Number: #31037

Landlord sued to evict unregulated tenant who had no lease. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. Landlord argued that the building contained only five apartments and therefore wasn't rent stabilized. But tenant showed that there was an illegal basement apartment. This brought the number of dwelling units to six and the building therefore was rent stabilized. Prior landlord had illegally altered the building. Any subsequent reduction in the number of dwelling units didn't remove the building from rent stabilization.

Landlord sued to evict unregulated tenant who had no lease. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. Landlord argued that the building contained only five apartments and therefore wasn't rent stabilized. But tenant showed that there was an illegal basement apartment. This brought the number of dwelling units to six and the building therefore was rent stabilized. Prior landlord had illegally altered the building. Any subsequent reduction in the number of dwelling units didn't remove the building from rent stabilization.

1825 LAC Realty Corp. v. Glenton: Index No. 43922/20, NYLJ No. 1598971377 (Civ. Ct. Bronx; 8/25/20; Hahn, J)

Topics

More like this