Landlord Submitted No Proof to Support Deregulation of Apartment

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that the apartment was improperly deregulated and that he was rent stabilized. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Tenant moved into the apartment in 2010 at a monthly rent of $1,425, later increased to $1,525. Apartment rent registration history showed that the apartment was registered as rent stabilized at a rent of $485 in 2004. If the monthly rent of the apartment legally exceeded $2,000 during a vacancy in between 1997 and June 24, 2011, landlord could legally have deregulated the apartment under RSL Section 26-504.2(a). The apartment was registered as permanently exempt after 2008. But calculating the legal rent increases based on prior registered rents didn’t result in a rent higher than $1,875. Landlord didn’t produce any proof of individual apartment improvements or other documentation to support any further rent increases. The case was dismissed.

1989 3 Ave LLC v. Lindo: Index No. 80493/2015, NYLJ No. 1202751010055 (Civ. Ct. NY; 2/3/16; Stoller, J)