Building Previously Contained Six Units

Landlord sued to evict month-to-month tenant. Landlord pointed out that the building contained five apartments and said it wasn't rent stabilized. Tenant claimed that she was rent stabilized and asked the court to dismiss the case. DOB records showed that in 1957, the building contained six units. In 1988, landlord filed an alteration application and a new C of O, issued in 1989, showed the building had been altered to contain five units. The court ruled for tenant. Since there was no proof to the contrary, the court found that there were six units in 1969 and 1974. The building became subject to rent stabilization during one of those years. And even though tenant moved into the building in 2002, a building converted from six to five units after the base date remains subject to regulation. So tenant was rent stabilized.

Li v. Reyes: NYLJ, 5/12/04, p. 23, col. 1 (Civ. Ct. Kings; Alterman, J)