False Proof of Vacancy Leases Showed Improper Deregulation

Landlord sued to evict unregulated tenant. Tenant claimed that he was rent stabilized, that the apartment had been improperly deregulated, and that he was overcharged. The court ruled for landlord after trial, granted a judgment of possession, and dismissed tenant's claims. Tenant appealed and won. Based on the trial court record, the appeals court found that the apartment had been unlawfully deregulated. A former landlord issued a series of vacancy increases every year between 1996 and 2001. But tenant presented testimony and documentary evidence showing that his brother-in-law lived in the apartment from 1992 to 2014. The brother-in-law testified that he didn't know any of the six individuals that landlord claimed were the prior apartment tenants of former landlord between 1996 and 2001. He stated that none of those people lived in the apartment during the period in question. So landlord's petition was dismissed. The case was sent back to the lower court for determination of tenant's rent overcharge complaint. But the appeals court didn't reinstate tenant's additional claim for an order directing landlord to give him a rent-stabilized lease. Civil Court lacks jurisdiction to grant this injunctive relief.

24-25 27th St., LLC v. Zaman: Case No. 2018-1477 QC, 2020 NY Slip Op 51547(U)(App. Div. 2 Dept.; 12/23/20; Aliotta, PJ, Siegal, Toussaint, JJ)