Tenant in Co-op Building Is Rent Stabilized

Landlord, a cooperative corporation, sued to evict tenant after tenant refused to renew her lease at the rent increase offered by landlord. Landlord claimed that tenant was unregulated, but tenant said that she was rent stabilized. Tenant asked the court to dismiss the case, pointing to a recent decision she obtained from the DHCR finding her to be rent stabilized. Landlord claimed that it had filed a court appeal of the DHCR's decision, but landlord didn't file any request to that court for a stay of the DHCR's decision pending appeal. So, in the eviction case, the DHCR's decision was binding, and landlord's case was dismissed.

2333 Grand Ave HDFC v. Rodriguez: L&T Index No. 72662/09, 2010 NY Slip Op 32806 (Civ. Ct. Bronx; Kraus, J; 10/7/10)