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Adam Leitman Bailey and Dov Treiman

As the city of New York seeks to phase out its use of rent-stabilized apartments as shelters for homeless people,1 the organizations that administer this program struggle for funding, and the courts struggle to find the correct theoretical framework to determine if the units are still rent stabilized and, once the homeless persons are replaced with conventional tenants, what legal category into which to place the new occupants. The race is on. With homeless populations continuing to swell2 and charitable organizations looking to help house them, a thorough understanding of the applicable principles of rent stabilization is becoming increasingly essential. The recent decision of the Appellate Term, First Department in 2363 ACP Pineapple v. Iris House3 highlights practitioners’ misunderstanding of the theoretical issues.

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