Unit in Two-Family House with Store Covered

Facts: Landlord sued to evict tenant. Landlord claimed that tenant was a month-to-month tenant. Tenant claimed that she was rent-controlled. Tenant's apartment was in a two-family house that also contained a store. The rent control law covers buildings constructed before Feb. 1, 1947 but exempts from coverage apartments in one- or two-family houses that have become vacant on or after April 1, 1953. Tenant moved in after that date. Court: Landlord loses. While the term ìone- or two-family housesî isn't defined in the law, it has consistently been interpreted to apply only to buildings used exclusively for residential purposes. The rent control exemption doesn't apply to a two-family house with one or more commercial units. The court noted that the DHCR has also interpreted the law in the same manner as the court did here.

Luis Eugenio, Inc. v. Jennings: NYLJ, p. 31,col. 1 (5/3/95) (Civ. Ct. NY; Friedman, J)