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Judge John Henry Stanley

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Landlord commenced four holdover proceedings seeking to recover possession of the subject four apartments alleging a termination of the month-to-month tenancies. Respondents tenants moved for partial summary judgment dismissing the petitions, and permission to proceed on their breach of warranty of habitability counterclaims. Tenants alleged the building was subject to the Rent Stabilization Law (RSL) as there existed, at one time, six separate units in the premises. It was undisputed there were five living spaces, but tenants claimed a sixth was added after issuance of the certificate of occupancy. Landlord claimed that within five days of finding an illegal use it cured the violation by removing same. The court found as landlord admitted it knew of a DOB violation and cured it, and giving all favorable inferences to landlord that the sixth unit was removed immediately, did not exempt the building from rent stabilization. It stated the fact there were six living units in this building, built before 1974, was enough to subject it to rent stabilization. Thus, the court awarded tenants partial summary judgment dismissing the petition for failure to state that the premises were rent regulated. Tenants may proceed on their counterclaims.

Judge John Henry Stanley

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Landlord commenced four holdover proceedings seeking to recover possession of the subject four apartments alleging a termination of the month-to-month tenancies. Respondents tenants moved for partial summary judgment dismissing the petitions, and permission to proceed on their breach of warranty of habitability counterclaims. Tenants alleged the building was subject to the Rent Stabilization Law (RSL) as there existed, at one time, six separate units in the premises. It was undisputed there were five living spaces, but tenants claimed a sixth was added after issuance of the certificate of occupancy. Landlord claimed that within five days of finding an illegal use it cured the violation by removing same. The court found as landlord admitted it knew of a DOB violation and cured it, and giving all favorable inferences to landlord that the sixth unit was removed immediately, did not exempt the building from rent stabilization. It stated the fact there were six living units in this building, built before 1974, was enough to subject it to rent stabilization. Thus, the court awarded tenants partial summary judgment dismissing the petition for failure to state that the premises were rent regulated. Tenants may proceed on their counterclaims.