DOB Violation Proved Building Contained at Least Six Units

Landlord sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized. The court ruled for tenant and dismissed the case. Tenant claimed that there were six apartments in the pre-war building when she moved in 10 years earlier. Landlord claimed that there were only five apartments in the building. Tenant said that there were two apartments on each of three floors and that landlord had combined the two first-floor apartments into one unit at some point since she moved into the building. Neither landlord nor tenant presented compelling testimony about the number of apartments. But the DOB issued a violation in 2006 stating that there were 10 units in the building, including four on the first floor, four on the second floor, and the admitted two on the third floor. Landlord had bought the building in 1999. Once a building contains six or more units, absent some other exemption, all units in the building become rent stabilized. It doesn't matter whether all of the units were legal housing accommodations. It was unclear whether landlord created the extra units, but landlord had knowledge of them and did nothing to correct the violation for many years.

Rivas v. Conty: 2017 NY Slip Op 27342, 2017 WL 4767739 (Civ. Ct. Queens; 10/2/17; Lansden, J)