Landlord Claims Building Was Substantially Rehabilitated

Landlord sued to evict tenant after tenant's lease expired. Landlord claimed that the building was unregulated. Tenant claimed that the building had six apartments and therefore was rent stabilized. Tenant also argued that, in a prior case, landlord agreed to give tenant a renewal lease. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Landlord claimed that the building had been substantially rehabilitated, but there were questions of fact that required a trial. The building had four apartments until 1984. But landlord got a new certificate of occupancy in 1985 that listed six apartments. In addition, the settlement agreement in the prior case stated that landlord would give tenant a renewal lease if tenant complied with the terms of his lease. It was unclear whether tenant had done so.

Innes v. Sanchez: NYLJ, 8/6/08, p. 27, col. 3(Civ. Ct. Kings; Stanley, J)