Building Converted to Six or More Dwelling Units After 1974

November 21, 2019

LVT Number: #30490

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant argued that he was rent stabilized and asked the court to dismiss the case. The court ruled against tenant, who appealed and won. Tenant had pointed out that the building contained six or more residential units. And it's well settled that, once a building is altered to contain six or more units, even after 1974, all of the building's dwelling units are brought under rent stabilization. The lower court's ruling was incorrect.

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant argued that he was rent stabilized and asked the court to dismiss the case. The court ruled against tenant, who appealed and won. Tenant had pointed out that the building contained six or more residential units. And it's well settled that, once a building is altered to contain six or more units, even after 1974, all of the building's dwelling units are brought under rent stabilization. The lower court's ruling was incorrect.

246 Leonard Realty, LLC v. Phoa: 65 Misc.3d 145(A), 2019 NY Slip Op 51757(U) (App. T. 2 Dept.; 10/25/19; Pesce, PJ, Weston, Elliot, JJ)

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