Case Type

Holdover-Illegal Use

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

304941/2025

Slip Opinion Number

2026 NY Slip Op 50391(U)

Petitioner

Stuyvesant Square Apts LLC

Respondent

Josh Vorick

Judge

Stoller, Jack

Decision/Order Date

2026-03-25

Posture

Other

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

The landlord commenced a holdover proceeding against the tenant, alleging illegal residential occupancy of a former medical office due to uncorrectable building code violations concerning courtyard dimensions affecting natural light requirements. The court granted the landlord a final judgment of possession, finding the unit could not be legalized. However, the court also awarded the tenant treble damages for rent overcharge, holding that a commercial unit used residentially can be rent-stabilized. It dismissed the tenant's harassment claim, distinguishing "dwelling" from a narrower "dwelling unit," but granted an order to correct violations. The tenant's request for attorneys' fees was denied as they did not prevail on the central claim of possession.

Keywords

Illegal Occupancy of Non-Residential Unit; C of O Cannot be Amended; Insufficient Natural Light; Courtyard-Facing Windows; Rent Stabilization Status Found for Overcharge; No Harassment Cause of Action Because not a “Dwelling Unit”; No Attorneys’ Fees Because Respondent did not Prevail on the “Central Relief Sought”

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