Tenant in Building that Once Had More Than Six Apartments Was Rent Stabilized

Landlord sued to evict month-to-month tenant and claimed that tenant was unregulated. Tenant claimed that she was rent stabilized and asked the court to dismiss the case. Landlord argued that there were only five apartments in the building. The court ruled for tenant. The building was constructed before 1974 and, at one time, HPD issued violation notices to landlord for up to 15 illegal units in the building. Although the violations had been cured and the illegal apartments removed, the use of an illegal apartment that brought the number of residential units up to six placed the building under rent stabilization. Subsequent reduction in the number of units to fewer than six didn't exempt the remaining apartments from rent stabilization.

Meleck Shalom LLC v. Valentine: Index No. 55327/2017, NYLJ No. 1202786328634 (Civ. Ct. Kings; 5/3/17; Scheckowitz, J)