Illegally Converted Building Was Rent Stabilized

LVT Number: #24730

Landlord sued to evict two month-to-month tenants, claiming that their apartments were unregulated. The court ruled against landlord and found that the two apartments were rent stabilized. Landlord appealed and lost. The building's certificate of occupancy listed five residential units and a dentist's office. But the building in fact had eight residential apartments.

Landlord sued to evict two month-to-month tenants, claiming that their apartments were unregulated. The court ruled against landlord and found that the two apartments were rent stabilized. Landlord appealed and lost. The building's certificate of occupancy listed five residential units and a dentist's office. But the building in fact had eight residential apartments. Since the building contained six or more apartments, they were rent stabilized, regardless of whether landlord knew of or acquiesced in the unlawful conversion of space from commercial to residential use, or whether landlord sought to legalize the conversion.

Joe Lebnan, LLC v. Oliva: 2013 NY Slip Op 23100, 2013 WL 1320429 (App. T. 2 Dept.; 3/20/13; Pesce, PJ, Rios, Solomon, JJ)