Tenant Evicted from Cellar Spaces

June 30, 2003

LVT Number: 16641

Landlord cooperative corporation sued to evict tenant from two cellar spaces used for storage. Tenant also lived in a rent-controlled apartment on the 11th floor. Tenant claimed that the basement spaces were ancillary living spaces, subject to rent control. The court ruled for landlord. Tenant appealed and lost. The cellar spaces weren't physically connected to tenant's apartment, were listed as storage space on the building's certificate of occupancy, and didn't have any kitchen or bathroom. Tenant paid for the cellar spaces separately. They weren't subject to rent control.

Landlord cooperative corporation sued to evict tenant from two cellar spaces used for storage. Tenant also lived in a rent-controlled apartment on the 11th floor. Tenant claimed that the basement spaces were ancillary living spaces, subject to rent control. The court ruled for landlord. Tenant appealed and lost. The cellar spaces weren't physically connected to tenant's apartment, were listed as storage space on the building's certificate of occupancy, and didn't have any kitchen or bathroom. Tenant paid for the cellar spaces separately. They weren't subject to rent control.

420 Riverside Dr. v. Ettinger: NYLJ, 6/5/03, p. 20, col. 5 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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