Tenant Occupied Before July 1, 1971

May 31, 2006

LVT Number: 18913

Landlord sued to evict month-to-month tenant. Tenant claimed she was rent controlled because she had possession of the apartment before July 1, 1971. Landlord claimed that tenant didn't move into the apartment until October 1971. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord admitted that he gave tenant keys to the apartment in May 1971 and didn't charge rent for several months while tenant renovated the apartment. Under these circumstances, tenant was in occupancy as a rent-controlled tenant before July 1, 1971.

Landlord sued to evict month-to-month tenant. Tenant claimed she was rent controlled because she had possession of the apartment before July 1, 1971. Landlord claimed that tenant didn't move into the apartment until October 1971. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord admitted that he gave tenant keys to the apartment in May 1971 and didn't charge rent for several months while tenant renovated the apartment. Under these circumstances, tenant was in occupancy as a rent-controlled tenant before July 1, 1971. Tenant also retained her rent-controlled status when she moved from this apartment to another apartment in the building at landlord's request and for landlord's benefit.

Saad v. Elmuza: NYLJ, 5/23/06, p. 32, col. 2 (App. T. 2 Dept.; Golia, JP, Rios, Belen, J)

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