Landlord Can Eject Tenant After Proving Apartment Was Properly Deregulated

Landlord sued to eject tenant and for rent arrears. Tenant's lease expired on Feb. 29, 2022, and tenant remained in the apartment without paying rent. Tenant, in turn, claimed rent overcharge and improper deregulation of the apartment. The court ruled for landlord, who demonstrated through documentation of leases and individual apartment improvements, that the apartment was legally vacancy deregulated before tenant moved in.  The court granted a judgment of ejectment and eviction warrant to landlord, unpaid use and occupancy, and reasonable attorney's fees under the terms of the lease. 

89th St. Assoc. 1 LLC v. Fellner: Index No. 654027/2021, 2023 NY Slip Op 31269(U)(Sup. Ct. NY; 4/18/23; Nock, J)