Former Mitchell Lama Tenants Not Covered

Facts: In 2002, landlord notified tenants that it was withdrawing their apartment building from the Mitchell-Lama housing program. In June 2003, the building was removed from Mitchell-Lama. Landlord then sued to evict tenants after their leases ended. Tenants asked the court to dismiss the cases. They claimed retaliatory eviction because they had started both an HP case and a prior court case regarding whether they were rent stabilized. They also claimed that the eviction cases should be dismissed because they were now subject to rent stabilization. Court: Tenants lose. In the prior case, the court ruled that tenants weren't rent stabilized because their building was substantially rehabilitated after Jan. 1, 1974. The prior court decision was binding, and tenants couldn't continue to claim rent stabilization status.

20 Henry Street Assocs. LLC v. Various Residents: NYLJ, 9/1/04, p. 19, col. 1 (Civ. Ct. Kings; Ressos, J)