Landlord's Proof of IAIs Doesn't Support High-Rent Vacancy Deregulation

April 25, 2018

LVT Number: #28359

Landlord sued to evict month-to month tenant in 2016, claiming that he was unregulated. Tenant claimed that he was rent stabilized and that his apartment had been improperly deregulated. The court ruled for tenant and dismissed the case. The apartment was last registered as rent stabilized in 2010 but registered as exempt due to high-rent vacancy in 2011. Landlord produced documentation of individual apartment improvements (IAIs) done before the apartment was deregulated.

Landlord sued to evict month-to month tenant in 2016, claiming that he was unregulated. Tenant claimed that he was rent stabilized and that his apartment had been improperly deregulated. The court ruled for tenant and dismissed the case. The apartment was last registered as rent stabilized in 2010 but registered as exempt due to high-rent vacancy in 2011. Landlord produced documentation of individual apartment improvements (IAIs) done before the apartment was deregulated. But the court agreed with tenant that landlord's records were "woefully insufficient" to establish a lawful vacancy increase that would have increased the apartment's legal rent to over $2,000 in 2010.

645 Bklyn Realty LLC v. Taylor: Index No. 65433/16, NYLJ No. 1521789885 (Civ. Ct. Kings; 2/20/18; McClanahan, J)

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