Trial Required on Whether Building Had Six Units
LVT Number: 15115
Landlord sued to evict tenant. Landlord claimed that the building contained five apartments and was unregulated. Tenant claimed that the building was rent stabilized and asked the court to dismiss the case. Tenant showed that an HPD inspection report in March 1987 stated that the building had six units. The court ruled for tenant and dismissed the case. Landlord appealed. Landlord had bought the building later in 1987. It was advertised as containing five apartments. Landlord also showed that there was a 1935 certificate of occupancy on file indicating conversion of the building from four to five units. The appeals court ruled for landlord and reopened the case. A trial was needed to determine the facts. HPD's inspection report wasn't conclusive proof that the building had six units.
New Dimension Realty 005, LLC v. Sincere: NYLJ, 6/15/01, p. 21, col. 5 (App. T.2 Dept.; Scholnick, PJ, Patterson, Rios, JJ)