Building Was Rent Stabilized Due to Sixth Apartment in Basement

LVT Number: #30158

Landlord sued to evict tenant. Landlord claimed that tenant was unregulated because the building contained fewer than six apartment units. Tenant argued that the building contained six apartments, including one in the basement. Tenant claimed that the building therefore was rent stabilized. The court ruled for tenant and dismissed the case.

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135 Evergreen Corp. v. Delvalle: 63 Misc.3d 157(A), 2019 NY Slip Op 50831(U) (App. T. 2 Dept.; 5/24/19; Pesce, PJ, Weston, Aliotta, JJ)