Newly Created Apartment with High First Rent Was Exempt from Stabilization

August 16, 2016

LVT Number: #27134

Former tenant sued landlord, claiming that his apartment was rent stabilized. Landlord claimed that the unit was unregulated and asked the court to dismiss the case. The court ruled for landlord. Landlord had previously registered Apartment 805 as rent stabilized. But tenant’s Apartment 8F wasn't the same unit. Apartment 805 was combined in 1997 with four other units to create Apartment 8F. Because the perimeter walls were substantially moved when these apartments were combined, landlord was allowed to charge a first rent for Apartment 8F.

Former tenant sued landlord, claiming that his apartment was rent stabilized. Landlord claimed that the unit was unregulated and asked the court to dismiss the case. The court ruled for landlord. Landlord had previously registered Apartment 805 as rent stabilized. But tenant’s Apartment 8F wasn't the same unit. Apartment 805 was combined in 1997 with four other units to create Apartment 8F. Because the perimeter walls were substantially moved when these apartments were combined, landlord was allowed to charge a first rent for Apartment 8F. The first monthly rent charged for Apartment 8F in 1997 was $6,995. Since this was more than $2,000, Apartment 8F was exempt from rent stabilization due to high-rent vacancy.

 

 

 

 

Rubin v. Decker Associates LLC: 52 Misc.3d 1208(A), 2016 NY Slip Op 51070(U)(Sup. Ct. NY; 7/12/16; Lebovits, J)

Topics

More like this