Building Not Occupied by Single Family

April 1, 1998

LVT Number: 12244

Landlord sued to evict tenant, claiming that the building in question was a one-family house. Tenant claimed he was subject to rent control. The court ruled for tenant and dismissed the case. Landlord appealed, claiming that tenant's apartment was exempt from rent control because it was in a one- or two-family house that became vacant on or after April 1, 1953. The appeals court again ruled against landlord. When tenant moved into the fourth-floor space in 1957, another tenant lived on the second floor and former landlord lived in duplex apartment on the ground and first floors.

Landlord sued to evict tenant, claiming that the building in question was a one-family house. Tenant claimed he was subject to rent control. The court ruled for tenant and dismissed the case. Landlord appealed, claiming that tenant's apartment was exempt from rent control because it was in a one- or two-family house that became vacant on or after April 1, 1953. The appeals court again ruled against landlord. When tenant moved into the fourth-floor space in 1957, another tenant lived on the second floor and former landlord lived in duplex apartment on the ground and first floors. Even if tenant was related to prior landlord, tenant showed that there had been a series of other, unrelated tenants who lived on the second floor for many years. So landlord couldn't claim there was ''single family occupancy'' of the house.

Plumey v. Gaffney: NYLJ, p. 26, col. 2 (3/6/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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