Three-Family House Actually Contained Seven Dwelling Units

January 28, 2019

LVT Number: #29880

Landlord sued to evict tenant, and claimed that tenant was unregulated since the building was a three-family dwelling. Tenant claimed that he was rent stabilized because the building contained seven dwelling units when he moved in. Tenant also claimed that landlord waived the tenancy termination notice by accepting rent before starting the eviction proceeding. The court ruled for tenant and dismissed the case. Landlord failed to rebut tenant's claim that the building contained six or more housing accommodations when tenant moved into the building.

Landlord sued to evict tenant, and claimed that tenant was unregulated since the building was a three-family dwelling. Tenant claimed that he was rent stabilized because the building contained seven dwelling units when he moved in. Tenant also claimed that landlord waived the tenancy termination notice by accepting rent before starting the eviction proceeding. The court ruled for tenant and dismissed the case. Landlord failed to rebut tenant's claim that the building contained six or more housing accommodations when tenant moved into the building. So the eviction petition stating that tenant was unregulated was inaccurate, and the case must be dismissed.

Ilonze v. Santiago: Index No. 62187/18, NYLJ No. 1545046772 (Civ. Ct. Kings; 11/9/18; Harris, J)

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