Building Had Six Units

LVT Number: 14757

Landlord sued to evict tenant. Tenant claimed that he was rent stabilized. Landlord claimed that the building was exempt because it had only five apartments. The court ruled against landlord. Landlord appealed and lost. There was unquestionable proof that a sixth, basement apartment was occupied by a building superintendent since at least 1962 and until some relatively recent time when landlord tore it down. Even if the basement apartment was illegal, it counts toward the six base date apartments required for rent stabilization coverage.

Landlord sued to evict tenant. Tenant claimed that he was rent stabilized. Landlord claimed that the building was exempt because it had only five apartments. The court ruled against landlord. Landlord appealed and lost. There was unquestionable proof that a sixth, basement apartment was occupied by a building superintendent since at least 1962 and until some relatively recent time when landlord tore it down. Even if the basement apartment was illegal, it counts toward the six base date apartments required for rent stabilization coverage. The DHCR itself has found that buildings were covered in such cases. And the fact that landlord removed the sixth apartment after the base date didn't exempt the building from rent stabilization.

Rosenberg v. Gettes: NYLJ, 1/12/01, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)