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Judge Kimberley Slade

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Landlord Routolo alleged tenant Garzillo owed $9,000 in rent arrears claiming the premises was not subject to rent control as a DHCR order specifically decontrolled the premises, attaching an “owner’s report of vacancy decontrol” to the petition as proof. Garzillo moved for summary judgment dismissing the proceeding, arguing the premises was subject to rent control, and that he should be awarded succession rights to the apartment as he resided with the late tenant of record, his mother, for the requisite two year period before her death, attaching documents presenting as “traditional indicia” of his residency, including bank statements. The court stated the premises was subject to rent control, finding DHCR did not issue an order the premises was decontrolled as landlord’s report of decontrol did not alone take the apartment out of rent control as it was a unilateral declaration, not an adjudication. Yet, it was not prepared to grant Garzillo entitlement to succession rights finding triable issues of fact, including a document the mother signed on Feb. 6, 2015 that she resided alone in the premises. But, landlord’s fundamental misstatement regarding the regulatory status of the apartment and no formal landlord/tenant agreement between the parties subjected the petition to dismissal.

Judge Kimberley Slade

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Landlord Routolo alleged tenant Garzillo owed $9,000 in rent arrears claiming the premises was not subject to rent control as a DHCR order specifically decontrolled the premises, attaching an “owner’s report of vacancy decontrol” to the petition as proof. Garzillo moved for summary judgment dismissing the proceeding, arguing the premises was subject to rent control, and that he should be awarded succession rights to the apartment as he resided with the late tenant of record, his mother, for the requisite two year period before her death, attaching documents presenting as “traditional indicia” of his residency, including bank statements. The court stated the premises was subject to rent control, finding DHCR did not issue an order the premises was decontrolled as landlord’s report of decontrol did not alone take the apartment out of rent control as it was a unilateral declaration, not an adjudication. Yet, it was not prepared to grant Garzillo entitlement to succession rights finding triable issues of fact, including a document the mother signed on Feb. 6, 2015 that she resided alone in the premises. But, landlord’s fundamental misstatement regarding the regulatory status of the apartment and no formal landlord/tenant agreement between the parties subjected the petition to dismissal.