Building That Previously Had Six Apartments Was Rent Stabilized

Landlord sued to evict a month-to-month tenant and claimed that tenant was unregulated because the building contained fewer than six apartments. Landlord had bought the building in bankruptcy in 2015, and it contained five apartments. In response, tenant claimed that he was rent stabilized.

The court ruled for tenant and dismissed the case. Tenant presented proof that the building at one time, if not now, contained six residential units. Prior landlord had alleged that the building was rent stabilized in a housing court case against the same tenant. And NYCHA records for another tenant who received Section 8 benefits indicated the building had six apartments at that time. Tenant demonstrated the building was rent stabilized, so the case was dismissed.

Mei Ling Property LLC v. Gonzalez: Index No. 57926/19, NYLJ No. 1642132395 (Civ. Ct. Kings; 12/17/21; Kuzniewski, J)