Apartment Registered as Permanently Exempt

May 31, 2001

LVT Number: 15045

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she was rent stabilized and that the apartment was improperly registered. Tenant asked the court to dismiss the case. The court ruled against tenant. Tenant was prior landlord and had registered the apartment as permanently exempt due to owner occupancy. Tenant couldn't now claim that the apartment was improperly registered. And even if the apartment was subject to rent stabilization now, tenant's right to challenge the legal rent was barred by the four-year rule.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she was rent stabilized and that the apartment was improperly registered. Tenant asked the court to dismiss the case. The court ruled against tenant. Tenant was prior landlord and had registered the apartment as permanently exempt due to owner occupancy. Tenant couldn't now claim that the apartment was improperly registered. And even if the apartment was subject to rent stabilization now, tenant's right to challenge the legal rent was barred by the four-year rule.

Hirsch v. Borowik: NYLJ, 5/30/01, p. 18, col. 6 (Civ. Ct. NY; Hoffman, J)

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