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…)

West Village. Image credit: Heath Brandon.

Post-vacancy increases included in calculation for rent stabilization deregulation. On April 26, 2018, the New York Court of Appeals held that vacancy increases are included in determining if the rent amount triggers deregulation of a rent-stabilized apartment. Richard Altman sued 285 West Fourth LLC, its landlord, asking the court to declare that his apartment is subject to rent stabilization and requiring the landlord to offer Altman a rent-stabilized lease. Rent stabilization provides tenants with rates for rent increases set once a year by the Rent Guidelines Board limiting how much a landlord can increase the rent. (read more…)