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Feldheim v. Stuckey

Five 'Housing Accommodations" Within First Floor Apartment Subject to Rent Stabilization

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DECISION/ORDER

*1 On October 31, 2016, the five captioned summary holdover proceedings were consolidated under Index No. L&T 33615/16. At that time, the petitioner was Denise Keyes, who later sold the subject building, 1760 Topping Avenue, Bronx, New York to petitioner, Dov Feldheim. Dov Feldheim who bought the building on March 6, 2017, was substituted as petitioner in these consolidated proceedings by stipulation dated June 1, 2017.The fact that there were five separate proceedings pending to recover possession of five units on the first floor of this three unit multiple dwelling, should have been a red flag that the units and the building could potentially be subject to rent stabilization. Petitioner sought to recover possession of the five rooms in the first floor unit through service of individual thirty day termination notices and petitions alleging that the rooms were not subject to rent stabilization. The defenses of de facto rent stabilization status and failure to serve termination notices under the Rent Stabilization Law were raised by the respondents in their answer dated April 13, 2017 served after the denial of their motion to dismiss the petitions on these grounds. (Spears, JHC, March 27, 2017).The consolidated holdover proceedings were tried before the court on August 24, 2017. Respondent, Tarife Stuckey, who was incarcerated, appeared by video conference. All other named respondents with the exception of Angela Toure were present for the trial. Petitioner and respondents were represented by counsel. The court reserved decision and requested post-trial memoranda, which were submitted by counsel.TRIALPetitioner presented its prima facie case through Dov Feldheim, the owner of the premises. A certified deed dated March 6, 2017 describing the premises

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