Tenant Who Wouldn't Sign Lease Is Still Rent Stabilized

October 28, 2017

LVT Number: #27965

Landlord sued to evict tenant, claiming that tenant was unregulated, after sending tenant a 30-day termination notice. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled against tenant, who appealed and won. Tenant was rent stabilized, even if he had lived in the building since 1994 without a written lease, and didn't sign a vacancy lease because he and landlord couldn't agree on terms. The DHCR had determined in 2007 that tenant was rent stabilized.

Landlord sued to evict tenant, claiming that tenant was unregulated, after sending tenant a 30-day termination notice. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled against tenant, who appealed and won. Tenant was rent stabilized, even if he had lived in the building since 1994 without a written lease, and didn't sign a vacancy lease because he and landlord couldn't agree on terms. The DHCR had determined in 2007 that tenant was rent stabilized. Therefore, landlord couldn't terminate the tenancy without sending a proper termination notice stating a proper ground for terminating the tenancy. The case was dismissed.

151 Daniel Low, LLC v. Li: 2017 NY Slip Op 27299, 2017 WL 4172821 (App. T. 2 Dept.; 9/15/17; Weston, JP, Solomon, Elliot, JJ)

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