421-A Building with Fewer Than Six Apartments Is Rent Stabilized

LVT Number: #28309

Landlord sued to evict tenant of three-family dwelling, claiming that tenant was unregulated because tenant moved in after June 1974. Tenant claimed that she was rent stabilized. The court ruled for tenant and dismissed the case. DOF records showed that the building was subject to Real Property Tax Law Section 421-a tax benefits. So, tenant's apartment was was subject to rent stabilization due to the building's 421-a status.

Landlord sued to evict tenant of three-family dwelling, claiming that tenant was unregulated because tenant moved in after June 1974. Tenant claimed that she was rent stabilized. The court ruled for tenant and dismissed the case. DOF records showed that the building was subject to Real Property Tax Law Section 421-a tax benefits. So, tenant's apartment was was subject to rent stabilization due to the building's 421-a status.

Chau v. Marquez: 2018 NY Slip Op 50276(U), 2018 WL 1147125 (Civ. Ct. NY; 2/26/28; Lutwak, J)