Landlord Incorrectly Claimed Apartment Was Unregulated

October 28, 2019

LVT Number: #30444

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant showed that she was rent stabilized, and the case was dismissed based on landlord's failure to properly state the rent-regulated status of the apartment in court papers. Tenant moved into the apartment in 2017 after the Rent Stabilization Law was changed in 2015 to provide that, in order for a unit to become vacancy deregulated, the prior tenant's rent must exceed the vacancy deregulation threshold.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant showed that she was rent stabilized, and the case was dismissed based on landlord's failure to properly state the rent-regulated status of the apartment in court papers. Tenant moved into the apartment in 2017 after the Rent Stabilization Law was changed in 2015 to provide that, in order for a unit to become vacancy deregulated, the prior tenant's rent must exceed the vacancy deregulation threshold. Since prior tenant's rent didn't exceed the deregulation threshold, tenant was rent stabilized. 

People's Home Improvement LLC v. Kindig: 2019 NY Slip Op 29301 (Civ. Ct. Kings; 9/26/19; Barany, J)

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