Former Mitchell-Lama Building Became Rent Stabilized

(Decision submitted by Howard Poch of the Manhattan law firm of Poch & Luckow, P.C., attorneys for the tenants.)

Landlord sued to evict tenant and stated that tenant's apartment was unregulated. Tenant claimed that he was subject to rent stabilization and that the case should be dismissed. The court ruled for tenant. After the building left the Mitchell-Lama program, prior landlord treated the building as rent stabilized. Landlord claimed that construction of the building was completed after Jan. 1, 1974, so the building was exempt from rent stabilization by law. But a temporary Certificate of Occupancy (C of O) was issued for the building in 1973, and the DHCR consistently has ruled that completion of construction occurs when a temporary C of O is issued. So the building was rent stabilized and the case must be dismissed.

Gaia by the Park v. Near: Index No. 69808/2011, NYLJ No. 1202551386494 (Civ. Ct. NY; 4/4/12; Lau, J)