Building That Once Had Six Apartments Was Rent Stabilized

May 30, 2017

LVT Number: #27715

Landlord sued to evict tenant and claimed that tenant was unregulated because the building contained fewer than six apartments. Tenant claimed that the building contained more than six apartments and the case should be dismissed for failing to accurately state the apartment's rent-regulatory status. Tenant submitted a copy of a 1999 DOB violation against landlord, as well as proof of an ECB hearing, finding that landlord had altered the building's occupancy from six apartments to an illegal 10-family dwelling. The court ruled for tenant and dismissed the case.

Landlord sued to evict tenant and claimed that tenant was unregulated because the building contained fewer than six apartments. Tenant claimed that the building contained more than six apartments and the case should be dismissed for failing to accurately state the apartment's rent-regulatory status. Tenant submitted a copy of a 1999 DOB violation against landlord, as well as proof of an ECB hearing, finding that landlord had altered the building's occupancy from six apartments to an illegal 10-family dwelling. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Once a building subject to regulation contains six or more units, all the units in the building are brought under rent stabilization, even if the number of units is later reduced to fewer than six.

Ortiz v. Sohngen: Index No. 2016-1246, NYLJ No. 1202783427562 (App. T. 2 Dept.; 4/7/17; Weston, JP, Pesce, Aliotta, JJ)

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