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Lloyd v. Williams

Owner Fails to Dispute Documentary Evidence Building Subject to Rent Stabilization

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RECITATION, AS REQUIRED BY CPLR SECTION 2219(A), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION:.PAPERS NUMBEREDNOTICE OF MOTION AND AFFIRMATION AND AFFIDAVIT ANNEXED             1-3ANSWERING AFFIRMATION AND AFFIDAVIT    8-9REPLYING AFFIRMATION   10EXHIBITS 4-7; 11-14DECISION/ORDER

*1  UPON THE FOREGOING CITED PAPERS, THE DECISION/ORDER IN THIS MOTION IS AS FOLLOWS: Petitioner commenced this holdover proceeding seeking possession of apartment #2, at 854 Hancock Street, Brooklyn, NY 11233 based on the allegations in the thirty (30) day Notice of Termination. Paragraph (9) of the petition states that the dwelling is not subject to the City Rent and Rehabilitation Law (rent control) or the Rent Stabilization Law of 1969, as amended, because there are fewer than six units. Respondent filed a verified answer interposing defenses and counterclaims including that the apartment is rent stabilized, the building was built prior to 1974 and had six (6) units in 1974. The first counterclaim also states that the building was altered after 1974 to combine the units on the second and third floors to create one apartment from two on each floor. The subject unit is on the first floor, and was not altered. Reduction in the number of units from six to four after 1974 does not remove the building from rent stabilization. Respondent’s answer states that because the predicate notice fails to state a ground for eviction listed under Part 2524 of the Rent Stabilization Code (RSC), the petition

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