Evicted Tenant Resumes Rent-Controlled Status When Restored to Possession

February 16, 2016

LVT Number: #26772

Landlord filed an Article 78 appeal of the DHCR’s decision that an apartment remained subject to rent control and that landlord wasn’t entitled to rent increases for certain apartment renovations. The court ruled against landlord, who appealed and lost. The rent-controlled tenant had been unlawfully evicted but was later restored to possession after her appeal of the lower court judgment that ended her tenancy. While tenant was out of the apartment, landlord made extensive renovations.

Landlord filed an Article 78 appeal of the DHCR’s decision that an apartment remained subject to rent control and that landlord wasn’t entitled to rent increases for certain apartment renovations. The court ruled against landlord, who appealed and lost. The rent-controlled tenant had been unlawfully evicted but was later restored to possession after her appeal of the lower court judgment that ended her tenancy. While tenant was out of the apartment, landlord made extensive renovations. But when tenant was restored to possession, she simply resumed her tenancy upon its former terms. Landlord assumed the risk while tenant’s appeal was pending and performed the renovations at its own peril. Landlord incorrectly relied on another court decision in a case where the tenant had been lawfully and properly evicted before landlord made apartment improvements before that tenant was restored to possession.

 

 

 

175 West 107th LLC v. DHCR: 2016 NY Slip Op 00277 (App. Div. 1 Dept.; 1/19/16; Mazzarelli, JP, Acosta, Andrias, Moskowitz, JJ)

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