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MATTER OF 12TH CO. LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

303 A.D.2d 328 (2003)

757 N.Y.S.2d 539

In the Matter of 12TH CO. LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 27, 2003.

The tenant is entitled to a rent stabilized renewal lease notwithstanding that the remainder of the building in which his apartment is located may have been substantially rehabilitated, there being no dispute that the tenant was in full occupancy of the apartment during any such rehabilitation, and that his apartment was not substantially affected thereby. Emergency Tenant Protection Act of 1974 ([ETPA] L 1974, ch 576, § 4, as amended) § 5 (a) (5) (McKinney's Uncons...

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