Landlord v. Tenant: September 2019

    OWNER OCCUPANCY

Amended Law Bars Landlord from Recovering Entire Building for Owner Occupancy  

Landlord sued to evict rent-stabilized tenants, claiming that it sought to recover all apartments in the building in order to convert it into a single-family home to be used as landlord’s primary residence. The court granted tenant’s request to dismiss the case. Effective June 14, 2019, the Housing Stability and Tenant Protection Act of 2019 amended the Rent Stabilization Law (RSL) to prohibit recovery of more than one apartment in a building for owner occupancy purposes. Landlord argued incorrectly that this amendment to the law applied only to future cases, and not to this case that was commenced before the date the 2019 law was enacted. And any Rent Stabilization Code provision not yet amended to reflect amended RSL Section 26-511 was unenforceable.

• ·         Fried v. Lopez: Index No. 66333/18, 2019 NY Slip Op 29237 (Civ Ct. NY; 7/31/19)

RENT STABILIZATION COVERAGE

Tenant Moved to Deregulated Apartment in Landlord’s Other Building

Tenant complained of rent overcharge, improper deregulation of her apartment, and failure to offer a rent-stabilized lease. The DRA ruled against tenant, who appealed and lost. Tenant had lived in a rent-stabilized apartment in another building owned by landlord. Tenant complained repeatedly about leaks in that apartment. Landlord then offered tenant a different apartment in another building at a legal rent of $2,378 and preferential rent of $1,500. The lease for the new apartment stated that the apartment was deregulated and had been vacancy-deregulated in 2009. There was no separate agreement stating that tenant would remain rent stabilized or that future rent increases would be based on $1,500. And there was no separate agreement outlining the circumstances surrounding tenant’s move from one apartment to another. Since there was no proof that the apartment transfer was at landlord’s request or for landlord’s benefit, tenant couldn’t claim that she remained rent stabilized after she changed apartments.

• ·         Paprica: DHCR Adm. Rev. Docket No. GV410032RT (5/31/19)