Tenant Entitled to Pre-Trial Questioning on Landlord's Substantial Rehab Claim

January 19, 2017

LVT Number: #27448

Landlord sued to evict tenant, claiming that the apartment wasn’t located in a multiple dwelling and that tenant was unregulated. Tenant claimed that the building contained six apartments and that the first floor had been converted from commercial space to residential apartments in 2008. Landlord argued that the building was exempt from rent stabilization due to substantial rehabilitation after the building was converted from four to seven apartments. The court granted tenant’s request to conduct pre-trial questioning.

Landlord sued to evict tenant, claiming that the apartment wasn’t located in a multiple dwelling and that tenant was unregulated. Tenant claimed that the building contained six apartments and that the first floor had been converted from commercial space to residential apartments in 2008. Landlord argued that the building was exempt from rent stabilization due to substantial rehabilitation after the building was converted from four to seven apartments. The court granted tenant’s request to conduct pre-trial questioning. Tenant demonstrated ample need for discovery of facts concerning the claimed substantial rehabilitation, which were solely within landlord’s possession.

 

 

 

Gogarnoiu v. Silva: Index No. 70798/16, NYLJ No. 1202775506931 (Civ. Ct. Queens; 12/5/16; Rodriguez, J)

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