Did Building Have Six or More Apartments Anytime Since 1974?

Tenants of various apartments in landlord's building sued landlord after landlord sent them lease nonrenewal notices. Tenants claimed that they were rent stabilized. Landlord claimed that the building was unregulated since it contained fewer than six apartments, and asked the court to dismiss the case. The court ruled against landlord. Although landlord presented HPD I-cards from 1938 showing that the building had five dwelling units at that time, tenants claimed that between 1974 and 1988, the building contained at least six apartments. Landlord and prior landlords had previously given tenants rent-stabilized leases. And tenants showed HPD violation reports from 1977 indicating that the building contained at least six apartments. Since tenants raised sufficient questions as to whether there were ever six apartments in the building on or after Jan. 1, 1974, a trial was required to determine the facts. If at any point there were six or more apartments, the building was rent stabilized.

Isidoro v. Team Props. LLC: Index No. 450688/2020, 2021 NY Slip Op 30543(U)(Sup. Ct. NY; 2/23/21; Chan, J)