Building Converted to Four Apartments Is Rent Stabilized

November 18, 2013

LVT Number: #25180

Landlord sued to evict tenant, claiming that he was unregulated. Tenant claimed that he was rent stabilized and that he had been overcharged. The court ruled for tenant. In 1994, prior landlord had reduced the number of apartments in the building from six or more to four. Prior landlord had always treated the apartment as unregulated and never filed rent registration statements with the DHCR. Landlord had no rent history records for the apartment. The only rent on record was the illegal first rent charged to tenant, which made the rent history unreliable.

Landlord sued to evict tenant, claiming that he was unregulated. Tenant claimed that he was rent stabilized and that he had been overcharged. The court ruled for tenant. In 1994, prior landlord had reduced the number of apartments in the building from six or more to four. Prior landlord had always treated the apartment as unregulated and never filed rent registration statements with the DHCR. Landlord had no rent history records for the apartment. The only rent on record was the illegal first rent charged to tenant, which made the rent history unreliable. The court applied the DHCR's default method to calculate rent overcharges but found that there was no indication of fraud and no willful overcharge. 

Chun v. Raywood: Index No. 70400/12, NYLJ No. 1202624454151 (Civ. Ct. Kings; 10/23/13; McClanahan, J)

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