Landlord Treated Unregulated Building as Stabilized

April 1, 1994

LVT Number: 8711

Landlord sued to evict tenant when his lease expired. Tenant argued that he was rent-stabilized and entitled to a renewal lease. Landlord claimed that the building wasn't stabilized. It contained less than six apartments. The trial court ruled for landlord, and tenant appealed. Tenant pointed out that, since 1978, landlord had given him rent-stabilized leases. The appeals court ruled against tenant. The fact that landlord treated the apartment as rent-stabilized doesn't make it rent-stabilized. By law, landlord's building is exempt from rent regulation.

Landlord sued to evict tenant when his lease expired. Tenant argued that he was rent-stabilized and entitled to a renewal lease. Landlord claimed that the building wasn't stabilized. It contained less than six apartments. The trial court ruled for landlord, and tenant appealed. Tenant pointed out that, since 1978, landlord had given him rent-stabilized leases. The appeals court ruled against tenant. The fact that landlord treated the apartment as rent-stabilized doesn't make it rent-stabilized. By law, landlord's building is exempt from rent regulation. This wasn't a situation where landlord had reduced the number of apartments in the building from six or more to less than six to avoid rent-stabilization coverage.

Mayflower Assoc. v. Gray: NYLJ, p. 21, col. 1 (3/1/94) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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