Building's Sixth Unit, Claimed Commercial, Was Used for Residential Purposes

LVT Number: #30153

Prior landlord sued to evict tenant. Landlord claimed that tenant's apartment wasn't rent regulated because the building contained fewer than six residential units. At trial, landlord claimed that the building contained five apartments and a commercial storage unit on the ground floor, rear of the building. Tenant claimed that the commercial unit had been used as a residential dwelling by at least two different tenants. The trial court ruled for tenant and dismissed the case, finding that the building contained six residential units and therefore was rent stabilized.

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Beverly Holding NY, LLC v. Blackwood: 63 Misc.3d 160(A), 2019 NY Slip Op 50877(U) (App. T. 2 Dept.; 5/31/19; Pesce, PJ, Aliotta, Elliot, JJ)