Prior Court Ruling Established That Tenants Were Subject to Rent Stabilization
LVT Number: #32779
Two tenants sued landlord, claiming that their apartments were rent stabilized, seeking rulings on the legal regulated rents for their apartments and issuance of renewal leases. The court ruled for tenants. Prior landlord had sued to evict tenants in 2016. In that case, the housing court ruled that prior landlord failed to prove that the building contained fewer than six apartments. The court also found that tenants showed that the building contained more than six units and therefore was rent stabilized. No appeal was filed of that decision. Therefore, it had already been decided that the building was rent stabilized. And the tenants had lived in the building for a long time. The court also ruled that tenants should pay monthly use and occupancy pending a determination of their legal regulated rents. The apartments had never been registered with the DHCR. The court set a future date for a hearing on what amount should be charged for use and occupancy.
De La Cruz v. 676 Miller Ave LLC: Index No. 505331/21, 2023 NY Slip Op 32895(U)(Sup. Ct. Kings; 8/17/23; Sweeney, J)