Building with Two Illegal Apartments Was Rent Stabilized

December 20, 2017

LVT Number: #28110

Landlord sued to evict unregulated tenant from a three- to five-family home. Tenant claimed that he was rent stabilized and asked the court to dismiss the case because the building actually contained six apartments. The court ruled for tenant. The building was constructed before 1974 and contained six apartments, including two illegal apartments. Although those two units were no longer occupied, the building was rent stabilized, and the case must be dismissed because the eviction petition failed to properly describe the premises.

Landlord sued to evict unregulated tenant from a three- to five-family home. Tenant claimed that he was rent stabilized and asked the court to dismiss the case because the building actually contained six apartments. The court ruled for tenant. The building was constructed before 1974 and contained six apartments, including two illegal apartments. Although those two units were no longer occupied, the building was rent stabilized, and the case must be dismissed because the eviction petition failed to properly describe the premises.

20 MK LLC v. Campos: Index No. 58887/17, NYLJ No. 1511166596 (Civ. Ct. Queens; 11/2/17; Rodriguez, J)

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