Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)

Citation: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Parent Document: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-06-29
Original Source: https://www.courtlistener.com/opinion/6620002/sapp-v-clark-wilson-inc/ ↗

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Thus, contrary to the owners' contention, there are material issues of fact as to whether the Rent Stabilization Code is applicable to this matter. Although the Rent Stabilization Code does not apply to housing accommodations owned, operated, leased, or rented pursuant to governmental funding by any institution operated exclusively for charitable or educational purposes on a nonprofit basis, and occupied by a tenant whose initial occupancy is contingent upon an affiliation with such institution (see e.g. 2363 ACP Pineapple, LLC v Iris House, Inc., 55 Misc 3d 7, 9 [App Term, 1st Dept]), there is a triable issue of fact as to whether the plaintiffs were ever "affiliat[ed]" with the tenants of record as defined by this statute (Rent Stabilization Code [RSC] [9 NYCRR] § 2520.11[f]). The exemption pursuant to section 2520.11(f) of the Rent Stabilization Code "was intended to exempt from rent stabilization accommodations run by charitable and educational institutions whose needs were furthered by having access to unregulated housing in order to house staff or students, as long as those tenants' affiliation with those institutions remained in effect" (2363 ACP Pineapple, LLC v Iris House, Inc., 55 Misc 3d at 9; see Manocherian v Lenox Hill Hosp., 84 NY2d 385, 390-391). However, housing accommodations occupied by nonaffiliated tenants are subject to the Rent Stabilization Code (see RSC § 2520.11[f]).

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