Judge Marcia Sikowitz
Landlord sought possession of apartment 2F from tenant Monfiston claiming the premises were not subject to any type of regulation as it was located in a building containing less than six residential units. Tenant alleged that before moving into 2F he resided in an apartment in the basement from 1987 to 1993, alleging there were two separate basement units. He contended there were more than six residential units in the building, hence his current apartment was subject to rent stabilization. The court stated even where a landlord was unaware the basement was used as housing when the building was purchased, and then reduced the number of units to fewer than six, same did not exempt the remaining units from rent stabilization. It concluded landlord failed to rebut the evidence tenant presented with any credible, admissible evidence of its own, and failed to rebut any facts contained in affidavits and photographs tenant submitted showing basement units were utilized as apartments by several current tenants in other apartments, including Monfiston. Thus, tenant’s motion for summary judgment dismissing the petition was granted to the extent that apartment 2F was found subject to rent stabilization regulations.
