Apartment in Two-Family Building with Store Covered

January 1, 2001

LVT Number: 14666

Landlord sued to evict tenant from two-family building. Landlord claimed that the apartment wasn't subject to rent control because there had been a vacancy after April 30, 1953. Tenant claimed that he was rent controlled because the exemption claimed by landlord didn't apply to a two-family building with a commercial unit. Landlord's building had a ground-floor store. The court ruled for tenant. But the case wasn't dismissed. Landlord was entitled to a trial as to whether tenant had pass-on rights to the apartment.

Landlord sued to evict tenant from two-family building. Landlord claimed that the apartment wasn't subject to rent control because there had been a vacancy after April 30, 1953. Tenant claimed that he was rent controlled because the exemption claimed by landlord didn't apply to a two-family building with a commercial unit. Landlord's building had a ground-floor store. The court ruled for tenant. But the case wasn't dismissed. Landlord was entitled to a trial as to whether tenant had pass-on rights to the apartment.

1664 Sheepshead Bay Rd. Realty Corp. v. Dalton: NYLJ, 12/6/00, p. 29, col. 4 (Civ. Ct. Kings; Finkelstein, J)

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