Was Building Legally Converted to Fewer Than Six Apartments?

Landlord sued to evict unregulated tenant. Tenant claimed that she was rent stabilized. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. There were issues of fact as to whether the building had at least six residential units on July 1, 1974, or thereafter. A 1926 Certificate of Occupancy (C of O) and "I-card" on file with the city showed that the building had six apartments at that time. On the other hand, a Maximum Base Rent Building Profile and Owner's Order issued by the Office of Rent Control indicated that the building had five apartments on Jan. 1, 1972. But an amended C of O showing five apartments wasn't issued until 1982, and no alteration permit was filed before 1980. So it was unclear whether the reduction in the number of apartments from six to five at some point between 1926 and 1972 was the result of a legal conversion. An illegal renovation couldn't be used as the basis to exempt the building from rent stabilization.

U 31st Street, LLC v. Montalvo: 57 Misc.2d 144(A), 2017 NY Slip Op 51435(U) (App. T. 1 Dept.; 10/30/17; Schoenfeld, JP, Ling-Cohan, Gonzalez, JJ)