Building Covered Due to Illegal Sixth Apartment

March 1, 2003

LVT Number: 16416

Landlord sued to evict tenant. Landlord claimed that tenant was month-to-month and that the building contained five apartments. Tenant claimed that he was rent stabilized. He said there were six apartments in the building. The court ruled for tenant and dismissed the case. The building's C of O allowed five apartments and two stores. But landlord converted one of the stores to a sixth, illegal apartment. Even if illegal, the addition of a sixth apartment after the rent stabilization base date makes the building subject to rent stabilization.

Landlord sued to evict tenant. Landlord claimed that tenant was month-to-month and that the building contained five apartments. Tenant claimed that he was rent stabilized. He said there were six apartments in the building. The court ruled for tenant and dismissed the case. The building's C of O allowed five apartments and two stores. But landlord converted one of the stores to a sixth, illegal apartment. Even if illegal, the addition of a sixth apartment after the rent stabilization base date makes the building subject to rent stabilization.

Zev Eisen Inc. v. Gutierres: NYLJ, 2/26/03, p. 25, col. 1 (Civ. Ct. Kings; Pinckey, J)

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