Landlord Rented Separated Rooms in Four-Family Dwelling

August 24, 2018

LVT Number: #28604

Landlord sued to evict month-to-month tenant from a four-family residence. Tenant claimed that landlord's court petition improperly described the premises and that he was rent-stabilized because the building contained at least six housing accommodations. The court ruled for tenant and dismissed the case. Landlord showed a deed stating that the building consisted of four two-bedroom apartments. But landlord created a de facto rent-stabilized premises by accepting rent separately from occupants of the two apartments, who each had exclusive use of rooms in the apartments.

Landlord sued to evict month-to-month tenant from a four-family residence. Tenant claimed that landlord's court petition improperly described the premises and that he was rent-stabilized because the building contained at least six housing accommodations. The court ruled for tenant and dismissed the case. Landlord showed a deed stating that the building consisted of four two-bedroom apartments. But landlord created a de facto rent-stabilized premises by accepting rent separately from occupants of the two apartments, who each had exclusive use of rooms in the apartments. Landlord had created a rooming house that was rent stabilized.

Cummins v. Griffith: Index No. 87080/16, NYLJ No. 1531645095 (Civ. Ct. Kings; 6/13/18; Slade, J)

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