Tenant Who Relocated Apartment Is Covered

April 1, 2001

LVT Number: 14871

Landlord sued to evict tenant, claiming that he wasn't subject to any rent regulation. Tenant claimed that he was rent controlled. Landlord pointed out that tenant's apartment wasn't registered as rent controlled. The court ruled for tenant. Tenant had a rent-controlled apartment in the building next door, which prior landlord had owned, along with landlord's building. When a wall collapsed, prior landlord asked tenant to move into the building it later sold to landlord. Prior landlord was supposed to register tenant's new apartment as rent controlled, but never did so.

Landlord sued to evict tenant, claiming that he wasn't subject to any rent regulation. Tenant claimed that he was rent controlled. Landlord pointed out that tenant's apartment wasn't registered as rent controlled. The court ruled for tenant. Tenant had a rent-controlled apartment in the building next door, which prior landlord had owned, along with landlord's building. When a wall collapsed, prior landlord asked tenant to move into the building it later sold to landlord. Prior landlord was supposed to register tenant's new apartment as rent controlled, but never did so. Whether tenant remained rent controlled didn't depend on how the apartment was registered. What mattered was that tenant relocated for prior landlord's convenience. So she retained her rent-controlled status.

Widerker v. Castro: NYLJ, 3/28/01, p. 25, col. 2 (Civ. Ct. Kings; Baynes, J)

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