Landlord Didn't Completely Replace 75% of Building Systems

(Decision submitted by Robert Grimble of the Manhattan law firm of Grimble & LoGuidice, LC, attorneys for the tenant.) Landlord sued to evict tenant. Landlord claimed that the building wasn't rent stabilized. It had been substantially rehabilitated and changed from six apartments to five apartments. Tenant claimed that not enough work was done to qualify for substantial rehabilitation. The court ruled against landlord. There was little proof that the building was seriously deteriorated before the renovation in 1986. At least three apartments were occupied during the work, and the building wasn't 80 percent vacant during the construction. Landlord didn't replace the roof. And even if the building was seriously deteriorated in 1986, landlord didn't prove that he completely replaced 75 percent of the building-wide systems. While he replaced the kitchens, bathrooms, and intercoms, he left part of the old gas line, plumbing, heating, and electrical systems. He didn't replace all the floors, windows, doors, or interior stairways.

Cassorla v. Foster: Index No. 100962/98 (Civ. Ct. NY 9/30/02; Cavallo, J) [10-pg. doc.]