Rehabbed Building Wasn't Exempt from Rent Stabilization

September 21, 2019

LVT Number: #30327

Landlord sued to evict unregulated month-to-month tenant. Tenant claimed that he was rent stabilized. Landlord argued that the building was substantially rehabilitated after 1974 and therefore wasn't subject to rent stabilization. The trial court ruled against landlord, who appealed and lost. Evidence produced by landlord at trial was insufficient to prove that the building was substantially rehabbed. Although landlord produced extensive proof of construction work that was done, it failed to show that the building had been in substandard condition prior to the work.

Landlord sued to evict unregulated month-to-month tenant. Tenant claimed that he was rent stabilized. Landlord argued that the building was substantially rehabilitated after 1974 and therefore wasn't subject to rent stabilization. The trial court ruled against landlord, who appealed and lost. Evidence produced by landlord at trial was insufficient to prove that the building was substantially rehabbed. Although landlord produced extensive proof of construction work that was done, it failed to show that the building had been in substandard condition prior to the work. Landlord produced no records demonstrating the condition of the building prior to the construction and relied solely on conclusory testimony by the building owner.

867-871 Knickerbocker LLC v. Poli: Index No. 2017-1695, 2019 NY slip Op 20265 (App. T. 2 Dept.; Weston, JP, Aliotta, Elliot, JJ, 8/23/19)

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