Building Has Less Than Six Units

Landlord sued to evict tenant. Landlord stated that the building wasn't subject to rent stabilization because it contained less than six units. Tenant claimed that there were gas connections at both ends of his floor-through apartment, suggesting that landlord had combined two apartments. Some other floors also contained two apartments instead of one. The court ruled for landlord without a trial, and tenant appealed. The appeals court ruled against tenant. Landlord submitted 1906 DOB records and a 1972 MBR order stating that the building contained five apartments. Tenant submitted no documents to support his claim. And tenant had lived in the apartment since 1973, before the apartment might have become subject to rent stabilization under the ETPA. So, in any event, the building had less than six units on the base date and thus was exempt from stabilization.

679 Ninth Ave., L.L.C. v. Montalvan: NYLJ, p. 25, col. 2 (8/7/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)