Ejectment Action Dismissed for Incorrectly Claiming Apartment Wasn't Rent Stabilized
LVT Number: #33169
Landlord sued to eject tenant from an apartment, and sought a declaratory judgment that the apartment wasn't rent stabilized. Tenant was a nonprofit organization that sublet units to provide supportive housing. Tenant asked the court to consolidate landlord's action with nine other related court actions seeking identical relief against tenant, and to dismiss the cases.
The court ruled for tenant. Landlord claimed that the apartment was exempt from rent stabilization because tenant was a corporation and because of the relationship between tenant as a nonprofit and its affiliated subtenants. The court found that landlord's claimed exemptions from rent stabilization were invalid. The apartment was subject to rent stabilization, and landlord's ejectment claim was dismissed. Landlord had failed to serve the proper predicate notices required by the Rent Stabilization Code before starting a court case.
Rock-Park 94 LLC v. CAMBA, Inc.: Index No. 523061/2021, 2024 NY Slip Op 30614(U), NYLJ No. 1709542962 (Sup. Ct. Kings; 2/27/24; Rivera, J)