Tenant in Occupancy During Substantial Rehab Remained Rent Stabilized

Landlord sued to evict unregulated tenant. Landlord claimed that the building was substantially rehabilitated and a new certificate of occupancy was issued in 1974. Tenant claimed that the building was built before 1974, had six or more apartments, wasn't substantially rehabbed, and that he was rent stabilized. The court ruled for tenant. Proof of violations existing at the building showed that any claimed substantial rehab wasn't in compliance with Rent Stabilization Code Section 2520.11(e)(5). And, even if the building was substantially rehabilitated, tenant was in occupancy during the work and therefore would have remained rent stabilized in any event. The case was dismissed since landlord's court papers improperly described the apartment as unregulated.

20 MK LLC v. Carchi: 2017 NY Slip Op 51944(U), NYLJ No. 1514430082 (Civ. Ct. Queens; 12/20//17; Kullas, J)