Summary
In Gracecor Realty Co. v. Hargrove, 221 A.D.2d 237, 634 N.Y.S.2d 1 (1995), the Appellate Division affirmed the lower court's determination that a cubicle unit in a lodging house was subject to rent stabilization, as it was a "housing accommodation" for rent stabilization purposes. If a cubicle unit can be considered a "housing accommodation" for rent stabilization purposes, then each room in the first floor apartment in this building must be also considered a separate "housing accommodation" for rent stabilization.
Summary of this case from Feldheim v. StuckeyOpinion
November 21, 1995
Appeal from the Civil Court, New York County (Fern Fisher-Brandveen, J.).
The subject building is admittedly a lodging house, and, as such, a class B multiple dwelling ( see, 2009-2011 Third Ave. Corp. v Fifth Ave. Community Ctr., 164 Misc.2d 257, 260 [Civ Ct, N Y County, Evans, J.]) subject to rent stabilization ( see, Matter of Gottlieb v Mirabal, 123 A.D.2d 574, 577, lv denied 69 N.Y.2d 609). Because respondent's cubicle unit is not expressly excluded from coverage under the Emergency Tenant Protection Act, it was properly held to be a "housing accommodation" for rent stabilization purposes ( Matter of Ruskin v Miller, 172 A.D.2d 164; Ghelardi v Donnelly, NYLJ, Apr. 21, 1993, at 22, col 6 [Civ Ct, N Y County, Taylor, J.]). Multiple Dwelling Law § 66 which might appear to suggest a different result is not a rent regulation statute and is thus inapplicable on the issue of regulated status.
Concur — Murphy, P.J., Sullivan, Wallach, Ross and Williams, JJ.