Tenant Wasn't Reregulated by Mid-Level Altman Decision

Landlord sued to evict deregulated tenant when tenant's lease expired. Tenant asked the court to dismiss the case, claiming that she was rent stabilized. Tenant argued that, even if previously deregulated, she was reregulated when the Appellate Division decided the case of Altman v. 285 W. Fourth LLC. The court disagreed and ruled for landlord. New York's highest court reversed the appellate decision in the Altman case. So, tenant was deregulated when her tenancy commenced, became temporarily rent stabilized under the lower Altman court decision, but reverted to being a free market tenant when the Appellate Division decision was revoked.

80th St. Brownstone LLC v. Zandarski: Index No. 64315/19, NYLJ No. 1587380585 (Civ. Ct. NY; 3/30/20; Thermos, J)