Apartment Was Vacancy Deregulated in 2008
LVT Number: #28179
Landlord sued to evict month-to-month tenant and claimed that the apartment was deregulated. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled for landlord. Tenant claimed that he moved in with prior rent-stabilized tenant in 2006 and when prior tenant moved out in 2007, landlord gave tenant a free market lease in 2008. But tenant was incorrect about prior tenant's tenancy terms, and prior tenant had settled certain issues in a prior eviction proceeding. A vacancy rent increase and increase for individual apartment improvements (IAIs) added to base rent in 2008 properly established a deregulated rent under tenant's initial lease. Tenant also never filed complaints of rent overcharge or failure to offer a renewal lease with the DHCR.
24-25 27th St. LLC v. Sheika: Index No. 79936/16, NYLJ No. 1513818076 (Civ. Ct. Queens; 12/7/17; Lansden, J)