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Isidoro v. Team Props. LLC

Tenants' Allegations Sufficient to Support Claims for Declaration Units Rent-Stabilized

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The following e-filed documents, listed by NYSCEF document numbers 11, 12, 13, 14, 15, 16, 17, 18, 21, were read on this motion to DISMISS. DECISION ORDER ON MOTION Defendant moves pursuant to CPLR 3211(a)(7) for an order dismissing (i) the first cause of action seeking a declaration that plaintiffs’ tenancies are subject to the New York City Rent And Rehabilitation Law or the Rent Stabilization Law of 1969, as amended and New York City Administrative Code §26-504(b)(“Rent Stabilization Law and Code”), and (ii) the second cause of action for a permanent injunction requiring defendant to offer plaintiffs renewal leases pursuant to the Rent Stabilization Law and Code. Plaintiffs oppose the motion, which is denied for the reasons below. Background Unless otherwise noted, the following facts are based on the allegations in the complaint. Defendant is the landlord and owner of the building located at 176 East 109th Street, New York, NY (“the Building”). Plaintiffs are long-time tenants of the various apartments (“the Apartments”) in the Building, which is a class “A” multiple dwelling. The current and previous owners of the Building “have treated the Apartments as rent-stabilized for decades [and] [i]n the years where they provided [p]laintiffs with renewal leases, those leases specifically stated that [p]laintiffs’ Apartments were rent-stabilized and sought rent increases consistent with the Rent Guideline Board adjustments in effect at the time” (NYSCEF #1, 5). While the Building “consists of five units as currently configured…[it] contained six or more apartments at some point between 1974 and 1988, [and therefore] the Apartments are rent-stabilized….” (id.,

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