Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
325905-22
Slip Opinion Number
2024 NY Slip Op 50293(U)
Petitioner
Calvin Bertie
Respondent
Theodora Norman, Kevin Norman, Shaniqua Norman, Eric Norman, Tamara Brown, John Doe and Jane Doe
Judge
Jimenez, Sergio, J.
Decision/Order Date
2024-03-20
Posture
Post-answer Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord brought a holdover proceeding to evict the tenant, claiming the lease had expired. The tenant argued that the building was rent-stabilized because there were once two illegal basement apartments. The court found in favor of the tenant, reasoning that violations issued by the Department of Buildings documenting the existence of two basement apartments constituted unrebutted evidence, and that the landlord failed to disprove their existence. Since the building had more than four apartments, rent stabilization applied to all units.
Recommended Citation
"Bertie v. Norman" (2024). All Decisions. 1416.
https://ir.lawnet.fordham.edu/housing_court_all/1416
