Landlord Proves Building Was Substantially Rehabilitated in Eviction Case

(Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, P.C., attorneys for the landlord.)

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that he was rent stabilized and had been overcharged. Landlord claimed that the building had been substantially rehabilitated after Jan. 1, 1974, and therefore was exempt from rent stabilization. The court ruled for landlord. Landlord submitted sworn statements from the owner, as well as DOB permit records and photographs, all showing that the vacant building was fully rehabbed in 2014. While the DHCR requires that a landlord replace 75 percent of building and apartment systems to qualify for substantial rehabilitation, landlord showed that 100 percent of the systems were replaced. The building had been dilapidated and, among other things, landlord's documentation showed that new wiring, plumbing, floors, walls, ceilings, heating, hot water, roof, and apartment appliances were all installed. 

884 Madison Street LLC v. Aurello: Index No. L&T 70844/2017 (Civ. Ct. NY; 12/27/17; Sikowitz, J)