Scott Mollen Rent Stabilization, the Doctrine of Impossibility and Special Use Permits: This Week in Scott Mollen's Realty Law Digest
This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
December 20, 2022 at 01:26 PM
15 minute read
Landlord-Tennant—Illegal Units Are Subject to Rent Stabilization—SRO
This decision involved a holdover proceeding. Three respondents (respondents) had moved for summary judgment dismissing the proceedings.
The respondents are the "last three tenants in the building." They had lived in the building for more than 20 years. The building lacks a certificate of occupancy or a "readily available I-Card, but is registered with the NYC Dep't of Housing Preservation & Development as a two-family home.
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