DOB Records Contradict Landlord's Claim

May 16, 2013

LVT Number: #24807

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice, claiming that tenant was unregulated. After starting the case, landlord asked the court for permission to amend its petition to state that the building was exempt from rent stabilization because it was an SRO containing fewer than six units. The court ruled against landlord and dismissed the case. Landlord bought the building in 2007. The Certificate of Occupancy for the building contained in DOB's records showed that there were 10 units in the building.

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice, claiming that tenant was unregulated. After starting the case, landlord asked the court for permission to amend its petition to state that the building was exempt from rent stabilization because it was an SRO containing fewer than six units. The court ruled against landlord and dismissed the case. Landlord bought the building in 2007. The Certificate of Occupancy for the building contained in DOB's records showed that there were 10 units in the building. The MDR filed by landlord with HPD also indicated that there were 10 residential units. Landlord's claim of exemption from rent stabilization was therefore either false or mistaken. 

Blake v. Todd: Index No. L&T 88991/2012, NYLJ No. 1202597177190 (Civ. Ct. NY; 4/25/13; Kraus, J)

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