Occupant of Basement Apartment Was Rent Stabilized

January 11, 2012

LVT Number: #23851

Landlord sued to evict a basement apartment occupant, claiming that his license to occupy the apartment for temporary relocation purposes had expired. Landlord claimed that the apartment was exempt from rent stabilization. During trial, occupant asked the court to dismiss the case, claiming that he was subject to rent stabilization. The court agreed. Although the Certificate of Occupancy identified the basement apartment as a "Super's Apartment," this didn't mean anything. Landlord rented the apartment to occupant by written agreement that commenced in 2004.

Landlord sued to evict a basement apartment occupant, claiming that his license to occupy the apartment for temporary relocation purposes had expired. Landlord claimed that the apartment was exempt from rent stabilization. During trial, occupant asked the court to dismiss the case, claiming that he was subject to rent stabilization. The court agreed. Although the Certificate of Occupancy identified the basement apartment as a "Super's Apartment," this didn't mean anything. Landlord rented the apartment to occupant by written agreement that commenced in 2004. The occupant was never employed by landlord, and paid rent in the amount of $600 per month. Landlord also registered the apartment with the DHCR between 2004 and 2009, and previously brought a nonpayment proceeding against occupant.

Central Harlem Mutual Housing LP v. Whitfield: 33 Misc.3d 1236(A), 2011 NY Slip Op 52254(U) (Civ. Ct. NY; 12/19/11; Kraus, J)

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