Tenant in Illegal Seven-Unit Building Was Rent Stabilized

Landlord sued to evict tenant, claiming that tenant was unregulated and her lease had expired. Tenant asked the court to dismiss the case, claiming retaliatory eviction. Tenant also claimed that the four-family building actually contained seven apartments and therefore was rent stabilized. Landlord argued that the building currently contained fewer than six apartments and therefore was unregulated. The court ruled for tenant and dismissed the case. A building constructed before Jan. 1, 2014, containing six or more residential units was subject to rent stabilization, even if some of the units weren’t legal. There was a DOB violation for the illegal apartments at the building, and the building contained six or more apartments at the time of the violation. Tenant was entitled to a rent-stabilized lease.

Jones v. Gumbs: Index No. 84034/2015, NYLJ No. 1202746252450 (Civ. Ct. Kings; 12/23/15; Scheckowitz, J)