Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
L&T 350887-23/BX
Petitioner
Michael Clarke
Respondent
Ena May Haliman, John Doe, Jane Doe
Judge
Garland, Christel F.
Decision/Order Date
2025-10-07
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a holdover proceeding, the tenant moved to vacate a prior stipulation of settlement and dismiss the petition, arguing the apartment was rent-stabilized. The court granted the tenant's motion, vacating the stipulation, judgment, and warrant. The court found that the building, constructed before 1974, de facto contained six housing accommodations, evidenced by Department of Buildings violations for cellar units and six mailboxes, despite the landlord's claim of four legal units. Consequently, the apartment was subject to rent stabilization, and the landlord's petition, based on lease expiration for an unregulated unit, failed to state a ground for eviction and was dismissed.
Keywords
De Facto Rent-Stabilization; 4-Unit Building Converted to 6-Units; DOB Violations & 6 Mailboxes; Final Judgment Stipulation Vacated and Petition Dismissed with Prejudice
Recommended Citation
"Clarke v. Haliman" (2025). All Decisions. 1975.
https://ir.lawnet.fordham.edu/housing_court_all/1975
