Landlord Can’t Claim Apartment Is Unregulated Because It May Be Illegal

Landlord sued to evict tenant, claiming that tenant was unregulated and illegally occupying a basement apartment. The court ruled against landlord, who appealed and lost. Tenant’s basement apartment was registered as rent stabilized, and tenant’s most recent rent-stabilized renewal lease hadn’t expired when landlord started the eviction proceeding. Although landlord pointed out that the basement apartment wasn’t legal, landlord must follow the procedural requirements of the Rent Stabilization Law. The court didn’t address whether the basement apartment could be legalized or whether legalization would be unduly burdensome. The housing court also had properly dismissed a second eviction proceeding against tenant who was occupying Apartment 4C under a temporary transfer agreement while landlord was supposed to be repairing the basement apartment. Since issues related to tenant’s occupancy of the basement apartment hadn’t yet been fully decided, landlord’s proceeding seeking possession of Apartment 4C was premature.

DMARC 2007-CD5 212th Street LLC v. Rijo: 50 Misc.3d 135(A), 2016 NY Slip Op 50053(U)(App. T. 1 Dept.; 1/19/16; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)