Tenant in House Illegally Converted to More Than Six Units Is Rent Stabilized

Landlord of two-family house sued to evict unregulated month-to-month tenant. The court ruled for landlord upon inquest after tenant failed to appear in court. Tenant later asked the court to reopen the case and dismiss it, claiming that she was rent stabilized. Tenant claimed that the building contained six or more apartments, including one in the basement, tenant's first-floor apartment, and five SRO units on the second floor. The case was reopened, and the court ruled for tenant after trial. There was conflicting testimony, but the court found that there was an occupied basement apartment where another tenant received cable TV bills and moved out after the court scheduled an inspection because landlord told her immigration officials were coming to the building. Credible testimony also showed that two apartments, including tenant's apartment, were being occupied as SROs, each with a minimum of five locked interior rooms and a communal kitchen and bathroom. Because the building was constructed prior to Jan. 1, 1974, and contained more than six housing accommodations, it was subject to rent stabilization. The case was dismissed, and landlord was directed to offer tenant a rent-stabilized lease.

Mohamed v. Abdulai: Index No. 37125/2016, NYLJ No. 1202801163855 (Civ. Ct. Bronx; 9/20/17; Breier, J)