Landlord Could Recover Unregulated Apartment When Lease Term Ended
LVT Number: #33724
Landlord sued to evict an unregulated tenant after tenant's lease had expired. Tenant claimed that he was rent stabilized and that landlord failed to give him a reasonable accommodation for a disability. He also asked for attorney's fees. Landlord asked the court to dismiss tenant's defenses and counterclaim. The court ruled against landlord in December 2023.
Landlord appealed and won. Landlord had demonstrated that the apartment was unregulated as a matter of law. And any alleged failure to give tenant a reasonable accommodation was not a defense to landlord's right to recover an unregulated apartment at the end of tenant's lease term.
69-81 108th Realty, LLC v. Zaroogian: Index No. 2023-1991 QC; 2025 NY Slip Op 50824(U)(App. T. 2; 5/2/25; Toussaint, PJ, Buggs, Mundy, JJ)