Landlord Doesn't Prove Apartment Exempt from Stabilization

Landlord sued to evict tenant for nonpayment of rent. Landlord's petition stated that the apartment was rent stabilized and that the rent demanded was the legal registered rent. But, at trial, landlord asked permission to amend its petition, claiming that the apartment was deregulated. The court ruled against landlord, who couldn't explain why the claims stated in its petition were so different from the proof offered at trial. The DHCR rent registration records showed that the apartment was registered as rent controlled in 1984 with a monthly rent of $136. In 1990, 1991, and 1998, the apartment was registered as rent stabilized, at the same monthly rent of $136. The apartment wasn't registered again until 2005, when it was registered as vacancy decontrolled at a rent of $1,375. In 2006, the registered rent was $1,608 with a preferential rent of $1,370, although the prior tenant had been in occupancy for just five months. The 2007 registration listed the legal rent as $1,886 with a preferential rent of $1,480. These records indicated that the apartment was rent stabilized. Landlord couldn't explain why the claims stated in its petition differed so substantially from the proof offered at trial. Based on this and other irregularities, the case was dismissed.

506 West 150th Street v. Prier: 2012 NY Slip Op 51143(U), 2012 WL 2369455 (Civ. Ct. NY; 6/22/12; Kraus, J)