Landlord Claims Tenant Illegally Combined Two Apartments

July 31, 2003

LVT Number: 16712

Landlord sued to evict tenant for illegally combining two rent-stabilized apartments. The court dismissed the case because landlord identified the units as two separate apartments in its court papers. Landlord appealed. The appeals court ruled for landlord and sent the case back for trial to determine the facts. Tenant claimed that prior landlord had given permission to combine the apartments. Renewal leases and DHCR filings also referred to the apartments together.

Landlord sued to evict tenant for illegally combining two rent-stabilized apartments. The court dismissed the case because landlord identified the units as two separate apartments in its court papers. Landlord appealed. The appeals court ruled for landlord and sent the case back for trial to determine the facts. Tenant claimed that prior landlord had given permission to combine the apartments. Renewal leases and DHCR filings also referred to the apartments together. But landlord had other documents that raised questions about whether tenant had prior landlord's consent to combine the apartments.

Zaccaro v. Feder: NYLJ, 7/29/03, p. 18, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel- Jacob, JJ)

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