Queens County Civil Court. Image credit: Youngking11.

Owner of a five family house added unit intended for residential use. Nicolae Gogarnow, the owner of a five family house in Queens, lived on the first floor of the house. The house had five residential units, a commercial space that partially occupied the first floor, and an additional unoccupied space on the first floor.  Owner Gogarnow filed a petition to evict one of the tenants, Rosalia Silvia. Silvia defended by claiming that she had a right to remain under the rent stabilization law.  Owner Gogarnow responded that the building was not covered by rent stabilization because it had only five residential units, one less than the minimum of six residential units needed to trigger application of the rent stabilization law. (read more…)