Single-Room Dwelling Covered

LVT Number: 8926

Landlord sued to evict tenant, without stating any grounds for the eviction. Tenant argued that he couldn't be evicted because the DHCR had certified his single-room unit as a rent-stabilized class B dwelling in a building with at least six units. Landlord claimed that the building wasn't rent-stabilized because it contained only five units. The court ruled for tenant and dismissed the case. Single-room occupancy dwellings are considered rent-stabilized as long as there were six or more units in the building on the base date for coverage.

Landlord sued to evict tenant, without stating any grounds for the eviction. Tenant argued that he couldn't be evicted because the DHCR had certified his single-room unit as a rent-stabilized class B dwelling in a building with at least six units. Landlord claimed that the building wasn't rent-stabilized because it contained only five units. The court ruled for tenant and dismissed the case. Single-room occupancy dwellings are considered rent-stabilized as long as there were six or more units in the building on the base date for coverage. Tenant's building had seven registered units on the base date. Even if several apartments had been combined later, the remaining units retain their rent-stabilization status.

Yohanes v. McKeathen: NYLJ, p. 31, col. 2 (6/15/94) (Civ. Ct. NY; Wendt, J)