Landlord sued to evict tenant when tenant's lease expired. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled for landlord, finding that tenant was unregulated. Tenant appealed and lost. The building was subject to rent stabilization solely as a result of prior landlord's participation in the J-51 tax benefit program. Tenant moved into the building several years after the J-51 tax abatement expired. So by law, tenant was unregulated.
Landlord sued to evict tenant when tenant's lease expired. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled for landlord, finding that tenant was unregulated. Tenant appealed and lost. The building was subject to rent stabilization solely as a result of prior landlord's participation in the J-51 tax benefit program. Tenant moved into the building several years after the J-51 tax abatement expired. So by law, tenant was unregulated. And even though prior landlord conditionally agreed to give tenant a rent-stabilized lease in an earlier 2003 eviction case, tenant didn't comply with other terms of that agreement. Instead, both sides continued to treat tenant as unregulated by signing a series of unregulated lease renewal agreements.
Wassfam, LLC v. Ude: 2009 NY Slip Op 29526 (12/29/09) (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)
