Two-Family House Used as 10-Room Rooming House Became Rent Stabilized

Landlord sued to evict tenant from top-floor apartment of a two-family house. Landlord claimed that tenant was unregulated. Tenant claimed that he was rent stabilized. At trial, landlord admitted that in 1993 or 1994 he began using the building as a rooming house and had rented 10 different rooms to 10 different individuals, including tenant. The court found that the house was a de facto multiple dwelling because a third apartment was illegally created in the basement. But the court ruled for landlord, finding that tenant wasn’t rent stabilized.

Tenant appealed and won. The house was built before Jan. 1, 1974, and by 1993 or 1994 contained six or more “housing accommodations.” A room in a rooming house is defined in Rent Stabilization Code Section 2520.11 to include a room, even if no structural changes were made to the two-family house. It also didn’t matter that the illegal use of the house had ended. Landlord’s case must be dismissed.

Robrish v. Watson: 48 Misc.3d 143(A), 2015 NY Slip Op 51299(U) (App. T. 2 Dept.; 9/2/15; Weston, JP Aliotta, Elliot, JJ)