Building Had Six Units

November 1, 1993

LVT Number: 8321

Landlord sued to evict tenant. Tenant claimed the building was rent-stabilized. Landlord denied this, and tenant didn't prove there were six residential units in 1974. The court ruled for landlord, and tenant appealed. The appeals court sent the case back for a new trial. The court record showed that the building contained six units while tenant lived in the building. So the Emergency Tenant Protection Act (ETPA) exemption for apartments in buildings containing fewer than six units didn't apply. But ETPA exemption for units in buildings completed after Jan. 1, 1974, may apply.

Landlord sued to evict tenant. Tenant claimed the building was rent-stabilized. Landlord denied this, and tenant didn't prove there were six residential units in 1974. The court ruled for landlord, and tenant appealed. The appeals court sent the case back for a new trial. The court record showed that the building contained six units while tenant lived in the building. So the Emergency Tenant Protection Act (ETPA) exemption for apartments in buildings containing fewer than six units didn't apply. But ETPA exemption for units in buildings completed after Jan. 1, 1974, may apply. More proof was needed to decide this question.

Kreft v. Foster: NYLJ, p. 28, col. 5 (10/22/93) (App. T. 2 Dept.; Kassoff, JP, Scholnick, Patterson, JJ)

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