Landlord Doesn't Prove Apartment Was Properly Vacancy Deregulated

July 25, 2018

LVT Number: #28536

Landlord sued to evict tenant, claiming that the apartment was exempt from rent stabilization due to high-rent vacancy deregulation in 2009. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled for tenant. Landlord argued that, by the time tenant moved into the apartment in 2012, the rent in any event would have exceeded the deregulation threshold. But the apartment's rent history had many inconsistencies, errors, and gaps, and therefore wasn't properly deregulated, even though it hypothetically could have been.

Landlord sued to evict tenant, claiming that the apartment was exempt from rent stabilization due to high-rent vacancy deregulation in 2009. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court ruled for tenant. Landlord argued that, by the time tenant moved into the apartment in 2012, the rent in any event would have exceeded the deregulation threshold. But the apartment's rent history had many inconsistencies, errors, and gaps, and therefore wasn't properly deregulated, even though it hypothetically could have been.

Gates Palace LLC v. Rumrill: Index No. 94658/2016, NYLJ No. 1527924227 (Civ. Ct. Kings; 5/30/18; Weisberg, J)

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