Tenant Proves She Was Rent Controlled

April 20, 2015

LVT Number: #26097

Landlord sued to evict tenant from a building containing fewer than six apartments. Landlord claimed that tenant was unregulated. Tenant claimed that she was rent controlled and had lived in the apartment since 1968. The court ruled for tenant. The building was built before 1947 and had three apartments. At trial, tenant presented sufficient credible proof in the form of testimony by herself and others, photographs, and documents showing that she had lived continuously in the apartment since December 1968.

Landlord sued to evict tenant from a building containing fewer than six apartments. Landlord claimed that tenant was unregulated. Tenant claimed that she was rent controlled and had lived in the apartment since 1968. The court ruled for tenant. The building was built before 1947 and had three apartments. At trial, tenant presented sufficient credible proof in the form of testimony by herself and others, photographs, and documents showing that she had lived continuously in the apartment since December 1968. Although landlord grew up in the building, he didn't enter the apartment until 1978 and provided no specific reason for his claim that tenant didn't move in until 1972. 

Sirico v. Rodriguez: Index No. 090337/2013, NYLJ No. 1202721017358 (Civ. Ct. Kings; 3/13/15; Sikowitz, J)

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