DHCR Hadn't Yet Determined Apartment Was Exempt

March 1, 2006

LVT Number: 18719

Landlord sued to evict tenant after tenant's lease expired. Landlord said that the apartment was exempt from rent regulation because the building was substantially rehabilitated after Jan. 1, 1974. Tenant claimed that the apartment was rent stabilized and that landlord should have sent a lease nonrenewal notice before starting the eviction case. The court ruled for tenant and dismissed the case. Landlord had filed an application with the DHCR, seeking a determination on whether the building was substantially rehabilitated.

Landlord sued to evict tenant after tenant's lease expired. Landlord said that the apartment was exempt from rent regulation because the building was substantially rehabilitated after Jan. 1, 1974. Tenant claimed that the apartment was rent stabilized and that landlord should have sent a lease nonrenewal notice before starting the eviction case. The court ruled for tenant and dismissed the case. Landlord had filed an application with the DHCR, seeking a determination on whether the building was substantially rehabilitated. Until the DHCR decided the application, the building was considered rent stabilized. Landlord can't refuse to renew tenant's lease without sending a proper nonrenewal notice.

2722 8th LLC v. Watson: NYLJ, 2/15/06, p. 22, col. 3 (Civ. Ct. NY; Cohen, J)

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