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Illegal 6th unit in basement makes building rent-stabili

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Illegal 6th unit in basement makes building rent-stabili

Postby Aubergine » Sun Oct 02, 2005 11:11 pm

Rashid v Cancel
2005 NYSlipOp 51585(U)
Decided on September 30, 2005
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 30, 2005



2004-1537 K C

Abdul Rashid, Appellant,


Brenda Cancel, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Bruce Marc Kramer, J.), dated September 10, 2004. The order granted tenant's motion for summary judgment dismissing the petition.

Order unanimously affirmed without costs.

In our view, the use of the basement as a sixth housing accommodation over a multi-year period brought the entire building under rent stabilization (Matter of Gandler v Halperin, 232 AD2d 637 [1996]; Commercial Hotel v White, 194 Misc 2d 26 [App Term, 2d & 11th Jud Dists 2002]; 109 Graham Ave. Corp. v Espinal, NYLJ, May 17, 1988 [App Term, 2d & 11th Jud Dists]; see Rosenberg v Gettes, 187 Misc 2d 790 [App Term, 1st Dept 2000]; cf. Matter of Gracecor Realty Co. v Hargrove, 90 NY2d 350 [1997]; White Knight Ltd. v Shea, 10 AD3d 567 [2004]). The alleged subsequent reduction in the number of housing accommodations to fewer than six, even if done, as landlord claims, after the placement by the Department of Housing Preservation and Development of a violation, did not exempt the remaining units from rent stabilization (Matter of Ki Wai Leung v Div. of Hous. & Community Renewal of State of N.Y., 266 AD2d 545 [1999]; Matter of Zandieh v Div. of Hous. & Community Renewal of State of N.Y., 249 AD2d 553 [1998]; Matter of Shubert v New York State Div. of Hous. & Community Renewal, 162 AD2d 261 [1990]; Rosenberg v Gettes, 187 Misc 2d 790, supra; El-Nazer v Briggs, NYLJ, Dec. 8, 1992 [App Term, 2d & 11th Jud Dists]; Fleur v Croy, 139 Misc 2d 885 [1988]; but see Matter of Gionta v New York State Div. of Hous. & Community Renewal, 155 Misc 2d 669 [1992]). If, as landlord claims, he was unaware, when he purchased the building, that the basement had been used as a housing accommodation, landlord's remedy, if any, would lie against the prior owner. However, landlord's alleged lack of knowledge does not give rise to an exemption from rent stabilization since landlord acquired the [*2]building "subject to those rights and protections enjoyed by the building's tenants at the time of acquisition" (525 Park Ave. Assoc. v DeHoyas, 125 Misc 2d 432 [1984]; see Elwick v Howard, NYLJ, May 16, 1984 [Sup Ct, NY County], affd 111 AD2d 73 [1985], affd 65 NY2d 1006 [1985]; Friedman v Babic, 118 Misc 2d 565 [App Term, 1st Dept 1983]). Landlord's conclusory claim of a substantial rehabilitation fails in the absence of the requisite proof of the replacement of building-wide and apartment systems (Rent Stabilization Code [9 NYCRR] § 2520.11 [e]; Cassorla v Foster, 2 Misc 3d 65 [App Term, 1st Dept 2004]).

Decision Date: September 30, 2005

<small>[ October 06, 2005, 05:17 PM: Message edited by: aubergine. ]</small>

Re: Illegal 6th unit in basement makes building rent-stabili

Postby lofter1 » Mon Oct 03, 2005 12:52 am

Departmental Disciplinary Committee (this is the gang that hears cases and disciplines lawyers for violations of ethics, practice, etc.):

Posts: 765
Joined: Tue Aug 03, 2004 1:01 am

Re: Illegal 6th unit in basement makes building rent-stabili

Postby GumbyTenant » Wed Oct 05, 2005 7:40 pm

wow..that is messed up. Definite conflict of interest if she works in a NYC housing court. She is not listed as a judge for any of the NYC housing courts (the website lists all judges). She could be working in the "pro-se" attorney office that is suppose to give advice for people. Or, she can be an assistant to a judge. Did you follow through and complaint? I would. Also, please send a copy of your written complaint or your message post by Email to "Metropolitan Council on Housing". They would like to know about this matter and they keep a record of complaints related to housing court.
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