Tenant Not Entitled to Restoration to Building Destroyed by Fire

December 23, 2018

LVT Number: #29795

Former rent-stabilized tenant sued landlord, seeking to be restored to possession as a tenant in landlord's building. The court ruled against tenant, who appealed and lost. After a fire in 2002 made tenant's apartment uninhabitable, tenant sought a court ruling against prior landlord for restoration to occupancy. That court had ruled for tenant in a prior case. But a second fire at the building in 2012 had effectively demolished the building, which became a boarded-up empty shell with no windows, and no functioning building systems.

Former rent-stabilized tenant sued landlord, seeking to be restored to possession as a tenant in landlord's building. The court ruled against tenant, who appealed and lost. After a fire in 2002 made tenant's apartment uninhabitable, tenant sought a court ruling against prior landlord for restoration to occupancy. That court had ruled for tenant in a prior case. But a second fire at the building in 2012 had effectively demolished the building, which became a boarded-up empty shell with no windows, and no functioning building systems. The building interior had completely collapsed, and it was impossible to enter the building beyond the lobby. This event made the prior court decision irrelevant. Tenant wasn't entitled to restoration to the building as a rent-stabilized tenant.

Gregoretti v. 92 Morningside Avenue LLC: 166 A.D.3d 466, 2018 NY Slip Op 07830 (App. Div. 1 Dept.; 11/15/18; Acosta, PJ, Friedman, Manzanet-Daniels, Webber, Singh, JJ)

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