Illegal Apartments Were Still Subject to Rent Stabilization

November 23, 2022

LVT Number: #32326

New landlord sued to evict the three remaining tenants in its building. Tenants claimed they were rent stabilized and asked the court to dismiss the case. Landlord argued that tenants couldn't be rent stabilized because the units were illegal. The court ruled for tenants and dismissed the case. Tenants were subject to rent stabilization even if the building's current use was contrary to local law. Prior landlord had also sought to evict tenants when he used the building as a boarding house and had acknowledged each respondent as a tenant or occupant of individual rooms.

New landlord sued to evict the three remaining tenants in its building. Tenants claimed they were rent stabilized and asked the court to dismiss the case. Landlord argued that tenants couldn't be rent stabilized because the units were illegal. The court ruled for tenants and dismissed the case. Tenants were subject to rent stabilization even if the building's current use was contrary to local law. Prior landlord had also sought to evict tenants when he used the building as a boarding house and had acknowledged each respondent as a tenant or occupant of individual rooms. Rooms in the building had been rented without a certificate of occupancy and in violation of other codes and ordinances.

Consulting SS Inc. v. McKellar: Index No. 304049/20, 2022 NY Slip Op 33213(U), NYLJ No. 1664862863 (Civ. Ct. Kings; 9/26/22; McClanahan, J)

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