Apartment Listed as Medical Office on C of O Was Rent Stabilized

LVT Number: #28645

Landlord sued to evict apartment tenant, claiming that the unit wasn't rent regulated because it wasn't designed for residential use. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. The apartment was registered with the DHCR as temporarily exempt due to owner/employee use since 2005 and had previously been registered as rent stabilized. Tenant had lived in the apartment for eight years and claimed that therefore the apartment wasn't temporarily exempt as registered.

Landlord sued to evict apartment tenant, claiming that the unit wasn't rent regulated because it wasn't designed for residential use. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. The apartment was registered with the DHCR as temporarily exempt due to owner/employee use since 2005 and had previously been registered as rent stabilized. Tenant had lived in the apartment for eight years and claimed that therefore the apartment wasn't temporarily exempt as registered. There were at least six apartments in the building, and it didn't matter that tenant's apartment was listed in the building's Certificate of Occupancy as a medical office. 

Skillman Grove LLC v. Perdomo: Index No. 57642/18, NYLJ No. 1532847273 (Civ. Ct. Queens; 7/13/18; Nembhard, J)