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
51439-20
Slip Opinion Number
NY Slip Op 50294(U)
Petitioner
Shu Ming Wang
Respondent
Quishpe Luspa Diego Moises, Carmen Tipantuna, John Doe, and Jane Doe
Judge
Jimenez, Sergio, J.
Decision/Order Date
2024-03-20
Posture
Post-trial Motion by Landlord
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
Wang v Moises is a Holdover-Lease Expiration case in the Civil Court of the City of New York, Kings County. The landlord sought possession of the property alleging lease expiration, while the tenants argued for de facto rent stabilization due to a disputed sixth unit in the basement. The court, after weighing evidence including testimony and documents, found in favor of the landlord, ruling that the basement did not constitute a separate housing unit and thus denying the tenants' rent stabilization claim. The court also upheld the validity of the termination notice issued by the landlord. This judgment highlights the importance of proving the existence of additional housing units for rent stabilization purposes and the burden of proof placed on the landlord in such cases.
Recommended Citation
"Shu Ming Wang v. Moises" (2024). All Decisions. 1418.
https://ir.lawnet.fordham.edu/housing_court_all/1418
