Eviction Case Stayed Until DHCR Determines If Building Was Substantially Rehabbed

Landlord sued to evict unregulated, month-to-month tenant. Tenant claimed that she was rent stabilized although landlord argued that the building was exempt from rent stabilization because the building had been substantially rehabilitated. Tenant asked the court to vacate a prior order directing tenant to pay use and occupancy and to stay the housing court proceeding while the DHCR ruled on whether the apartment was rent stabilized. The court ruled for tenant in part. Since the DHCR's decision would affect the outcome of the eviction proceeding, the case was put on hold until the DHCR made its decision. Tenant was directed to pay use and occupancy pendente lite at the rate of $277 per month, which was the amount of her shelter allowance.

700 E. 134 St. LLC v. Conception: Index No. 41260/18, NYLJ No. 1551701759 (Civ. Ct. Bronx; 2/8/19; Garland, J)