Landlord's Court Papers Didn't Explain Why Tenant Was Unregulated

LVT Number: #30471

Landlord sued to evict unregulated tenant after tenant's lease expired. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord's court papers contained fundamental omissions. Landlord's petition claimed that the apartment was located in a building with fewer than six apartments in which there was a vacancy after July 1, 1971. But, since tenant moved into the unit in 1988, landlord treated the apartment as rent stabilized. The apartment was registered with the DHCR every year except two between 1984 and 2004.

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Migliaccio v. Childs: 65 Misc.3d 131(A), 2019 NY Slip Op 51575(U) (App. T. 2 Dept.; 10/4/19; Pesce, PJ, Weston, Siegal, JJ)