Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570249/23
Slip Opinion Number
2025 NY Slip Op 51649(U)
Petitioner
Jacin Investors Corporation, N.V.; Jacin Investors LLC
Respondent
Charlotte Von Vogt
Judge
Tisch, J.P.; Perez, J.; Alpert, J.
Decision/Order Date
2025-10-22
Posture
Other
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this holdover proceeding, the Appellate Term reversed the lower court's dismissal of the landlord's petition and ordered a new trial. The landlord sought to recover possession, arguing the apartment became deregulated after a rent-controlled tenant vacated, due to vacancy increases and individual apartment improvements (IAIs). The Civil Court dismissed, citing the landlord's failure to register the apartment as deregulated or stabilized. The Appellate Term held that regulatory status derives from statute, not registration errors or estoppel. The matter is remanded to evaluate the landlord's IAI evidence and the "first rent" legality, as no statute of limitations bars determining an apartment's regulatory status.
Keywords
Deregulation; Rent Control; Rent Stabilization; First Rent; Regulatory Status Determined By Statute, Not Waiver; IAIs
Recommended Citation
"Jacin Invs. Corp., N.V. v. Von Vogt" (2025). All Decisions. 2015.
https://ir.lawnet.fordham.edu/housing_court_all/2015
