Case Type
Holdover-Rent Stabilization
Holdover Type
Rent Stabilized (potential)
Court
Appellate Division, First Department
County
New York (Manhattan)
Slip Opinion Number
2023 NY Slip Op 05307
Petitioner
325 Management Corp.
Respondent
Danielle Statuto et al.
Judge
Manzanet-Daniels, J.P., Kern, Scarpulla, Mendez, O'Neill Levy, JJ.
Decision/Order Date
2023-10-19
Posture
Post-judgment Motion by Landlord
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
The court ruled that a tenant's apartment was not rent-stabilized because there was no evidence the building ever had six or more occupied residential units. To be rent-stabilized, a building needs at least six "housing accommodations," which are units continuously used and occupied as residences, not just units with certificates of occupancy. Even though the building previously had unused upper floors, their lack of actual residential use meant they didn't count towards the threshold for rent stabilization.
Recommended Citation
"325 Mgt. Corp. v. Statuto" (2023). All Decisions. 1452.
https://ir.lawnet.fordham.edu/housing_court_all/1452
