Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-081693-15/KI
Petitioner
221 Irving Ave., LLC
Respondent
Fabian Quinapanta
Judge
Toussaint, Wavny; Buggs, Cheree A.; Ottley, Lisa S.
Decision/Order Date
2025-07-11
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
Recommended Citation
"221 Irving Ave., LLC v. QUINAPANTA" (2025). All Decisions. 1898.
https://ir.lawnet.fordham.edu/housing_court_all/1898
