Apartment Was Never Decontrolled
LVT Number: 13568
Facts: Landlord sued to evict tenant, claiming that tenant's apartment wasn't subject to rent regulation. Since there were fewer than six apartments in the building, the apartment wasn't rent-stabilized. Landlord claimed tenant's apartment wasn't rent-controlled because it was owner-occupied for more than one year and then registered as decontrolled in 1965. Under rent control regulations, an apartment in a multiunit building completed or converted before Feb. 1, 1947, is subject to rent control if a tenant has continuously lived there since before July 1, 1971, unless the apartment falls under a legal exception, such as owner occupancy for a year or more after April 1, 1953. Court: Landlord loses. Tenant showed that he lived in the apartment since June 1971. Even though there was a notation on a DHCR index card that a report of decontrol was filed in 1965, this alone doesn't prove decontrol. Landlord didn't prove that the apartment was owner-occupied for the period required by law. So there was no exception from rent control for tenant's apartment.
Washington Assocs. v. Torres: NYLJ, p. 30, col. 6 (9/8/99) (Civ. Ct. Kings; Finkelstein, J)