Trial Needed to Determine Whether Building Contained Six or More Apartments

July 27, 2021

LVT Number: #31519

Landlord sued to evict an unregulated tenant for nonpayment of rent. Tenant, in turn, claimed that she was rent stabilized and had been overcharged. Landlord argued that the building contained only five apartments, but tenant claimed that there was at least one more unit in the basement. The court denied landlord's request to dismiss tenant's counterclaim and granted tenant's request to dismiss the case without trial. Landlord appealed, and the case was reopened. A trial was needed to determine the facts.

Landlord sued to evict an unregulated tenant for nonpayment of rent. Tenant, in turn, claimed that she was rent stabilized and had been overcharged. Landlord argued that the building contained only five apartments, but tenant claimed that there was at least one more unit in the basement. The court denied landlord's request to dismiss tenant's counterclaim and granted tenant's request to dismiss the case without trial. Landlord appealed, and the case was reopened. A trial was needed to determine the facts. There were questions as to whether the building had been altered to contain six or more apartments and whether the basement had been used as a housing accommodation. 

40-40-40-38 78th St. v. Murillo: Index No. 2020-260, 2021 NY Slip Op 50578(U)(App. T. 2 Dept.; 6/21/21; Aliotta, PJ, Weston, Elliot, JJ)

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