Tenant Proved Building Had at Least 6 Apartments and Was Rent Stabilized

April 26, 2023

LVT Number: #32541

Landlord sued to evict tenant, claiming that tenant was unregulated because the apartment building contained less than six residential units. Tenant claimed that he was rent stabilized. The building was constructed before 1974 and had at least six apartments. Landlord argued that the building's 1986 certificate of occupancy (C of O) listed only four apartments and showed that the building was constructed in 1986. Tenant showed that there were in fact six apartments in the building. And a 1969 deed proved that the building was constructed prior to 1974. The case was dismissed.

Landlord sued to evict tenant, claiming that tenant was unregulated because the apartment building contained less than six residential units. Tenant claimed that he was rent stabilized. The building was constructed before 1974 and had at least six apartments. Landlord argued that the building's 1986 certificate of occupancy (C of O) listed only four apartments and showed that the building was constructed in 1986. Tenant showed that there were in fact six apartments in the building. And a 1969 deed proved that the building was constructed prior to 1974. The case was dismissed.

Diamond Back L VL LLC v. Reynolds: Index No. 326977-2022, 78 Misc.3d 1209(A), 2023 NY Slip Op 50195(U)(Civ. Ct. Bronx; 3/15/23; Ibrahim, J)

Topics

More like this