Eviction Proceeding Delayed

(Decision submitted by David Hersey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenant.) Landlord sued to evict tenant after the DHCR ruled that tenant was no longer rent stabilized. Tenant asked the court to delay the case. Landlord had filed an application for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled for landlord based on tenant's failure to answer the notice of the application. Tenant had now filed an Article 78 petition in State Supreme Court, arguing that the DHCR's decision was unreasonable and seeking reversal. The court ruled for tenant. Landlord was a party to the Article 78 proceeding, and the result of that case would have a direct impact on the outcome of the eviction case. In the meantime, tenant could continue to pay use and occupancy at the rate of $2,300 per month while the case was pending. The court denied landlord's request that tenant pay use and occupancy at the rate of $7,200. Landlord presented no proof that this was the market value of the apartment.

Alta Apartments LLC v. Strauchen: Index No. L&T 102515/06 (4/23/07) (Civ. Ct. NY; McClanahan, J) [3-pg. doc.]