Building Has Less Than Six Units

(Decision submitted by Stephen C. Shulman of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord sued to evict tenant. Tenant claimed that she was rent-stabilized and that landlord couldn't evict her. Landlord claimed that the building had less than six residential units and so wasn't subject to stabilization. The court ruled for landlord. The building's C of O listed five residential units---four whole units and two half units. Landlord also submitted a 1990 letter from the Loft Board showing that tenant's unit was deregulated. Prior tenant had been subject to Loft Law, but landlord bought loft improvements when prior tenant moved out. Under MDL 286(6), the unit thereafter became exempt from rent regulation if the building had less than six residential units.

Kimwal Realty Co. v. Santana: Index No. 101559/96 (7/28/97) (Civ. Ct. NY; James, J) [3-page document]