Tenant Is Rent Controlled

Landlord sued to evict tenant, claiming that he wasn't subject to rent regulation. Tenant claimed that he was rent controlled. The trial court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant proved at trial that he and his family had lived in the apartment continuously since before June 30, 1971, and that the apartment was rent controlled. The trial court found tenant's testimony consistent, believable, and supported by DHCR records. Landlord also failed to present any proof that tenant's family moved in after the 1971 base date. Landlord also didn't dispute that tenant lived in the apartment with his father, the tenant of record, for at least two years immediately before the father died. The fact that tenant signed a rent-stabilized lease offered by landlord for 13 years after the rent-controlled tenancy began didn't change the fact that tenant was subject to rent control.

Lex & Third 116th St. Corp. v. Marrero: NYLJ, 5/1/09, p. 37, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)