Pre-War Building with Sixth Illegal Apartment Was Rent Stabilized

September 27, 2017

LVT Number: #27934

Landlord sued to evict month-to-month tenants, claiming that the building was unregulated. Tenants claimed that the building was rent stabilized and asked the court to dismiss the cases. The court ruled for tenants, finding that the pre-war building contained six apartments and therefore was rent stabilized. Landlord sought reargument and asked the court to reconsider. The court again ruled against landlord. Landlord claimed that the sixth apartment was illegal, and had been removed before completion or use. Therefore, it shouldn't count toward a finding of rent stabilization coverage.

Landlord sued to evict month-to-month tenants, claiming that the building was unregulated. Tenants claimed that the building was rent stabilized and asked the court to dismiss the cases. The court ruled for tenants, finding that the pre-war building contained six apartments and therefore was rent stabilized. Landlord sought reargument and asked the court to reconsider. The court again ruled against landlord. Landlord claimed that the sixth apartment was illegal, and had been removed before completion or use. Therefore, it shouldn't count toward a finding of rent stabilization coverage. The court rejected this claim. Building violations noted that the building contained six residential units. And tenants presented proof, including six electrical meters and mailboxes. 

Famous Developers LLC v. Daniel: Index No. 59613/2016, NYLJ No, 1202795480665 (Civ. Ct. Kings; 7/19/17; Scheckowitz, J)

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