Case Type

Holdover-Other

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-300915-25/KI

Slip Opinion Number

2026 NY Slip Op 32105(U)

Petitioner

Kopfstein

Respondent

Hall

Judge

Basu, Shantonu J.

Decision/Order Date

2026-06-26

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding, tenant raised de facto rent stabilization as a defense, citing HPD violations indicating the building contains more than six units and is therefore subject to the Rent Stabilization Law. The court held that HPD violations regarding occupancy constitute prima facie evidence of the existence of more than six units, and that landlord failed to contest this allegation. The holdover proceeding was dismissed. Tenant's request for an order to correct HPD violations was denied without prejudice to the commencement of an HP proceeding before the appropriate specialty part. Note: party first names are not legible in the handwritten decision.

Keywords

Handwritten Opinion; De Facto Rent Stabilization; HPD Violation Regarding Occupancy Constitutes Prima Facie Evidence; Proceeding Dismissed Due To HPD Violations Proving Existence Of More Than 6 Units, Allegation Uncontested; Order To Correct Denied Without Prejudice To Commencement Of HP Proceeding

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