Three-Family Dwelling Had Five Separate Tenant Accommodations in One Apartment

January 25, 2018

LVT Number: #28175

Landlord sued to evict tenants of five rooms in a three-family multiple dwelling built before 1974. Tenants claimed that they were rent stabilized because there were six or more apartments in the building. Tenants showed that the five rooms within the one first-floor apartment were separate housing accommodations. So there were a total of seven housing accommodations in the building and the building therefore was subject to rent stabilization. Since landlord's court papers improperly identified the rent regulatory status of the tenants' rooms, the case was dismissed.

Landlord sued to evict tenants of five rooms in a three-family multiple dwelling built before 1974. Tenants claimed that they were rent stabilized because there were six or more apartments in the building. Tenants showed that the five rooms within the one first-floor apartment were separate housing accommodations. So there were a total of seven housing accommodations in the building and the building therefore was subject to rent stabilization. Since landlord's court papers improperly identified the rent regulatory status of the tenants' rooms, the case was dismissed.

Feldheim v. Stuckey: Index No. 33615/16, NYLJ No. 1513386739 (Civ. Ct. Bronx; 12/5/17; Breier, J)

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