Tenant in Building Converted from Six to Four Apartments Was Rent Stabilized

July 24, 2017

LVT Number: #27808

Landlord sued to evict tenant in four-family dwelling, claiming that tenant was unregulated. The court ruled for landlord based on a settlement agreement signed by tenant. Tenant later asked the court to vacate the judgment and warrant, claiming that her apartment was rent stabilized. The court ruled for tenant and dismissed the holdover proceeding for misstating the rent-regulatory status of the apartment. Landlord had brought holdover proceedings against two other apartment occupants, showing that the building contained six or more apartments.

Landlord sued to evict tenant in four-family dwelling, claiming that tenant was unregulated. The court ruled for landlord based on a settlement agreement signed by tenant. Tenant later asked the court to vacate the judgment and warrant, claiming that her apartment was rent stabilized. The court ruled for tenant and dismissed the holdover proceeding for misstating the rent-regulatory status of the apartment. Landlord had brought holdover proceedings against two other apartment occupants, showing that the building contained six or more apartments. The fact that landlord later removed those units didn't exempt the remaining apartments, including tenant's apartment, from rent stabilization.

Castell v. Nembard-Smith: Index No. 068834/16, NYLJ No. 1202788438022 (Civ. Ct. Kings; 5/4/17; Sikowitz, J)

Topics

More like this