Converted Apartments Covered

LVT Number: 15407

Facts: Landlord sued to evict tenant when tenant's commercial lease ended. Tenant claimed that he was rent stabilized. Tenant had converted his ''fourth-floor artist's studio space in Williamsburg into four apartments, apparently with prior landlord's consent. This increased the number of apartments in the building from four to eight. Court: Tenant wins. The increase in apartments to six or more made the building rent stabilized. The fact that tenant had a commercial lease didn't require eviction.

Facts: Landlord sued to evict tenant when tenant's commercial lease ended. Tenant claimed that he was rent stabilized. Tenant had converted his ''fourth-floor artist's studio space in Williamsburg into four apartments, apparently with prior landlord's consent. This increased the number of apartments in the building from four to eight. Court: Tenant wins. The increase in apartments to six or more made the building rent stabilized. The fact that tenant had a commercial lease didn't require eviction. Tenant showed at the trial that prior landlord knew he'd converted the space to residential and lived there. The fact that the area was in an M1-2 zoning district, which bars residential use, didn't prevent a finding that tenant was rent stabilized.

111 on 11 Realty Corp. v. Norton: NYLJ, 10/17/01, p. 24, col. 1 (Civ. Ct. Kings; Baily-Schiffman, J)