Landlord Claims Combined Apartments Are Separate

May 31, 2000

LVT Number: 14147

Landlord sued to evict tenant from one of two adjoining rent-stabilized apartments based on nonprimary residence. Landlord had a separate lease with tenant for each apartment. At one point, tenant had combined the apartments with landlord's knowledge, but not with landlord's consent. Tenant claimed that landlord couldn't claim the apartments were separate units and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant hadn't done extensive work to combine the units. Tenant had simply broken through one wall and installed a door.

Landlord sued to evict tenant from one of two adjoining rent-stabilized apartments based on nonprimary residence. Landlord had a separate lease with tenant for each apartment. At one point, tenant had combined the apartments with landlord's knowledge, but not with landlord's consent. Tenant claimed that landlord couldn't claim the apartments were separate units and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant hadn't done extensive work to combine the units. Tenant had simply broken through one wall and installed a door. The apartments still had separate entrances. A trial was needed to determine the facts.

HKAL 34th St. L.P. v. Fran Taylor Inc.: NYLJ, 5/31/00, p. 27, col. 1 (Civ. Ct. NY; Hoffman, J)

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