Tenant Claims Apartment Was Improperly Deregulated

November 25, 2024

LVT Number: #33477

Landlord sued to evict unregulated tenant after sending a 90-day termination notice. Landlord claimed that the apartment had been vacancy-deregulated from rent stabilization. In response, tenant claimed rent overcharge and improper deregulation. Landlord asked the court to dismiss tenant's defense and rule in its favor without trial. The court ruled against landlord. The initial lease landlord presented for the apartment wasn't accompanied by notices required under RSL Section 26-504.2(b).

Landlord sued to evict unregulated tenant after sending a 90-day termination notice. Landlord claimed that the apartment had been vacancy-deregulated from rent stabilization. In response, tenant claimed rent overcharge and improper deregulation. Landlord asked the court to dismiss tenant's defense and rule in its favor without trial. The court ruled against landlord. The initial lease landlord presented for the apartment wasn't accompanied by notices required under RSL Section 26-504.2(b). Since tenant claimed such notices weren't provided, there were questions of fact as to whether landlord had failed to provide the requisite notices.

EVMF Owner LLC v. Summerton: Index No. L&T 302749/2024 (Civ. Ct. NY; 9/24/24; Blinova, J)

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