Landlord Added Sixth Illegal Apartment

April 28, 2017

LVT Number: #27657

Landlord sued to evict two building tenants, claiming that they were unregulated. Tenants claimed that they were rent stabilized. The court ruled for tenants and dismissed the case. The building currently contained five apartments, and landlord recently constructed an illegal sixth apartment. Landlord argued that, since the sixth apartment was illegal, it didn’t make the building subject to rent stabilization. Landlord also said that the sixth apartment had been removed.

Landlord sued to evict two building tenants, claiming that they were unregulated. Tenants claimed that they were rent stabilized. The court ruled for tenants and dismissed the case. The building currently contained five apartments, and landlord recently constructed an illegal sixth apartment. Landlord argued that, since the sixth apartment was illegal, it didn’t make the building subject to rent stabilization. Landlord also said that the sixth apartment had been removed. The court noted that other courts had ruled that a sixth illegal apartment still counted toward rent stabilization coverage. 

 

 
Famous Developers LLC v. Daniel: Index No. 59613/2016, NYLJ No. 1202783415031 (Civ. Ct. Kings; 3/24/17; Scheckowitz, J)

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