Tenant in Horizontal Multiple Dwelling Was Rent Stabilized

LVT Number: #30757

Landlord sued to evict month-to-month tenant. Tenant claimed he was rent stabilized because his building and the two buildings next door together formed a horizontal multiple dwelling (HMD). The court agreed that tenant was rent stabilized due to the building's HMD status, and ruled against landlord.

Landlord sued to evict month-to-month tenant. Tenant claimed he was rent stabilized because his building and the two buildings next door together formed a horizontal multiple dwelling (HMD). The court agreed that tenant was rent stabilized due to the building's HMD status, and ruled against landlord.

Landlord appealed and lost. Landlord claimed that a new trial was needed based on deficiencies in the trial transcripts that made review by an appeals court meaningful. The appeals court found no errors, omissions, or deficiencies in the trial transcripts that precluded meaningful appellate review and warranted reopening the case. 

78 Havemeyer, LLC v. Abuzaid: Index No. 2018-113KC, 2020 NY Slip Op 50452(U)(App. T. 2 Dept.; 4/24/20;Aliotta, PJ, Elliot, Toussaint, JJ)