Tenant Claims Building Has Six Dwelling Units So Is Rent Stabilized

May 25, 2020

LVT Number: #30784

Landlord sued to evict month-to-month unregulated tenant. Landlord said that the building was exempt from rent stabilization because it contained fewer than six dwelling units. Tenant argued that the building contained at least six separate residential units while he lived there and that therefore he was rent stabilized. Landlord then asked the court for permission to discontinue the eviction proceeding. The court ruled against landlord. The time for landlord to withdraw the case without court permission had expired.

Landlord sued to evict month-to-month unregulated tenant. Landlord said that the building was exempt from rent stabilization because it contained fewer than six dwelling units. Tenant argued that the building contained at least six separate residential units while he lived there and that therefore he was rent stabilized. Landlord then asked the court for permission to discontinue the eviction proceeding. The court ruled against landlord. The time for landlord to withdraw the case without court permission had expired. And it was important for the court to rule on the regulatory status of tenant and other building occupants.

Mei Ling Prop. LLC v. Gonzalez: Index No. 57926/19, NYLJ No. 1588008608 (Civ. Ct. Kings; 4/14/20; Kuzniewski, J)

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