Building Converted from Six to Four Apartments Remained Rent Stabilized

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that he was rent stabilized and asked the court to dismiss the case without a trial. The court ruled for tenant. Before 1974, the building contained six apartments. Landlord said that the building presently had four apartments and was exempt from stabilization because it had been substantially rehabilitated. But landlord’s termination notice and court petition made no mention of substantial rehabilitation. Landlord claimed only that the building was unregulated because it contained fewer than six apartments. Landlord also submitted no proof of any substantial rehab other than work permits for the conversion from six to four units. The case was dismissed.

Henry v. Kingsberry: Index No. 99699/15, NYLJ No. 1202780069528 (Civ. Ct. Kings; 1/15/17; Stroth, J)