Building Converted to Fewer Than Six Units in 1982

Landlord sued to evict tenant, claiming that tenant's apartment was neither rent-controlled nor rent-stabilized. Landlord's termination notice stated that tenant moved into the building in 1995 and that the building contained only five apartments. But landlord had claimed that tenant's apartment was rent-controlled in a prior nonpayment case against tenant. Also, the building was converted from seven to five units in 1982. The court ruled against landlord and dismissed the case. Landlord didn't state enough facts in his petition to support his claim that tenant's apartment was exempt from rent regulation. Even if tenant wasn't rent-controlled, he would still be rent-stabilized because conversion of the building to fewer than six units after the rent-stabilization base date didn't remove the building from rent stabilization.

Khalil v. Rivera: NYLJ, p. 24, col. 5 (8/26/98) (Civ. Ct. Kings; Rodriguez, J)