Windowless Rooms Count as Units

September 30, 2004

LVT Number: 17642

Landlord sued to eject tenants. Landlord claimed that the units tenants occupied weren't rent stabilized because they were actually windowless rooms. Tenants claimed that they were rent stabilized and asked the court to dismiss landlord's complaint. The court ruled for tenants. Landlord appealed and lost. Landlord admitted that there were at least eight residential units in the building, which was built before 1947. The fact that the rented units didn't resemble traditional apartments didn't prevent the units from being rent stabilized.

Landlord sued to eject tenants. Landlord claimed that the units tenants occupied weren't rent stabilized because they were actually windowless rooms. Tenants claimed that they were rent stabilized and asked the court to dismiss landlord's complaint. The court ruled for tenants. Landlord appealed and lost. Landlord admitted that there were at least eight residential units in the building, which was built before 1947. The fact that the rented units didn't resemble traditional apartments didn't prevent the units from being rent stabilized.

White Knight Ltd. v. Shea: NYLJ, 9/30/04, p. 26, col. 5 (App. Div. 1 Dept.; Tom, JP, Sullivan, Williams, Friedman, Marlow, JJ)

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