Welcome to my weekly blog about Landlord-Tenant issues. I am starting out with a summary of an interesting case decided by a Bronx Housing Court Judge. This case will be particularly interesting to anyone who is a tenant of a building of fewer than six units, or the owner of such a building.
Diamond Back L VL LLC v Andrea Reynolds
Civil Court, Housing Part, Bronx County
2023 NY Slip Op 50195 (U)
Index No. 326977-2022
March 15, 2023
Judge Shorab Ibrahim
Landlord served tenant Andrea Reynolds with a notice demanding that she vacate her apartment in 90 days. Landlord alleged that the apartment is not subject to rent stabilization because there were fewer than 6 units in the building. In fact, the Certificate of Occupancy on file with the Department of Buildings (“DOB”) indicated that there were only 4 units in the building.
However, the tenant’s attorney demonstrated, by way of a summary judgment motion, that there were actually 7 units in the building: 4 legal units, 2 separate residential units in the basement and another separate residential unit in the boiler room. The tenant provided the Court with the DOB Summons to landlord for “work without a permit, at cellar, dividing one apartment into two apartments.” The New York City Office of Administrative Trials and Hearings (“OATH”) held a hearing about the Summons and found that the landlord was liable as charged. In addition, the DOB issued a vacate order for the residential occupancy of the “oil tank room.” Tenant also proved that the building was constructed prior to 1974 by providing the Court with a 1969 Deed. (Buildings built after a certain date in 1974, are not subject to the Rent Stabilization Law and Code).
The Court held that the tenant’s apartment was subject to rent stabilization because there were more than 6 units in the building. Citing to Matter of Gracecor Realty Co. v Hargrove (Court of Appeals 1997), the Court further held that it didn’t matter than 3 of the 7 units were occupied illegally. The Court found for the tenant. Since the apartment was rent-stabilized, the tenant could only be evicted for one of the reasons enumerated in the Rent Stabilization Law and Code. (Tenants in buildings which are not rent-stabilized can be evicted for any reason after service of a proper notice).
A LESSON LEARNED FROM THIS CASE: Always go to the web site of the Department of Buildings (“DOB”) and see the Property Profile Overview. Toward the bottom left of the page, you will find “violations,” “OATH proceedings” and other useful information. I have no doubt that this is how tenant’s attorney discovered the violations and the OATH decision mentioned in the Diamond Back case summarized above.
Welcome to my blog