Former Owner of Illegally Converted Building Became Rent-Stabilized Tenant

December 20, 2016

LVT Number: #27410

Landlord sued to evict month-to-month tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Tenant said that he bought the building in 1995 and then signed it over to landlord in 2003 while assisting with building renovations. He paid no rent from 2003 until 2013. Landlord claimed that tenant was a de facto owner and had agreed to the illegal conversion of the building to six apartments. The court found no proof that tenant was a de facto owner.  Tenant was subject to rent stabilization.

Landlord sued to evict month-to-month tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Tenant said that he bought the building in 1995 and then signed it over to landlord in 2003 while assisting with building renovations. He paid no rent from 2003 until 2013. Landlord claimed that tenant was a de facto owner and had agreed to the illegal conversion of the building to six apartments. The court found no proof that tenant was a de facto owner.  Tenant was subject to rent stabilization. The case was dismissed because the petition didn’t state the proper rent regulatory status.

 
Vernon 226A Realty Corp. v. Bell: Index No. L&T 103165/2015, NYLJ No. 1202771232268 (Civ. Ct. Kings; 10/21/16; Cohen, J)

Topics

More like this