Illegal Addition of SRO Units Made Building Subject to Rent Stabilization

September 22, 2019

LVT Number: #30340

Landlord sued to evict unregulated tenant. Tenant claimed that the apartment was rent stabilized and that landlord failed to send a proper termination notice before starting the eviction proceeding. The court ruled for tenant and dismissed the case. Tenant claimed that HPD and ECB violations were issued showing that there were SROs and unlawful construction of apartments in the building's cellar. Landlord noted that the building's Certificate of Occupancy listed four apartments and claimed that any additional illegal alterations were done by trespassers and had been corrected.

Landlord sued to evict unregulated tenant. Tenant claimed that the apartment was rent stabilized and that landlord failed to send a proper termination notice before starting the eviction proceeding. The court ruled for tenant and dismissed the case. Tenant claimed that HPD and ECB violations were issued showing that there were SROs and unlawful construction of apartments in the building's cellar. Landlord noted that the building's Certificate of Occupancy listed four apartments and claimed that any additional illegal alterations were done by trespassers and had been corrected. But the court found that removal of the SRO units didn't exempt the building from rent stabilization. And it didn't matter who performed the illegal construction. 

Duncan v. Caldwell: 2019 NY Slip Op 51370, NYLJ No. 1566200475 (Civ. Ct. Bronx; 7/8/19; Garland, J)

Topics

More like this