Illegal Units in Landlord's Building Are Subject to Rent Stabilization

October 25, 2022

LVT Number: #32301

New landlord sued to evict the last three remaining tenants in its building. Landlord claimed that the apartments couldn't be subject to rent stabilization because they were illegal apartments under NYC Admin. Code Section 27-2077(a). Prior landlord had rented rooms without a certificate of occupancy and in violation of other codes and ordinances. And before prior landlord sold the building, tenants had prevailed against him on harassment claims against him. The court granted tenants' request to dismiss the eviction cases.

New landlord sued to evict the last three remaining tenants in its building. Landlord claimed that the apartments couldn't be subject to rent stabilization because they were illegal apartments under NYC Admin. Code Section 27-2077(a). Prior landlord had rented rooms without a certificate of occupancy and in violation of other codes and ordinances. And before prior landlord sold the building, tenants had prevailed against him on harassment claims against him. The court granted tenants' request to dismiss the eviction cases. Tenants were rent stabilized even if the building's current use as a "boarding house" was contrary to local law.

Consulting SS Inc. v. McKellar: Index No. 304049/20, 2022 NY Slip Op 33213(U), NYLJ No. 1664862863 (Civ. Ct. Kings; 9/26/22; McClanahan, J)

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