Section 2520

Citation: Section 2520
Parent Document: Bartis v. Harbor Tech, LLC, 2016 NY Slip Op 8831 (2016)
Jurisdiction: New York (state)
Effective Date: 2016-12-28
Original Source: https://www.courtlistener.com/opinion/4334594/bartis-v-harbor-tech-llc/ ↗

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Here, through the affidavit of Mendlowits, the defendant demonstrated that between 1999 and 2002, it spent $3.5 million in order to transform the subject property from a commercial warehouse complex into a residential apartment complex that contained 100 residential units. Based on this conversion of the property from purely commercial space to purely residential space, the defendant made a prima facie showing that the plaintiffs’ apartments are exempt from rent stabilization pursuant to section 5 (a) (5) of the ETPA in that they are “housing accommodations in buildings completed or buildings substantially rehabilitated as family units” on or after January 1, 1974 (EPTA § 5 [a] [5]; see 22 CPS Owner LLC v Carter, 84 AD3d at 457; Jordan Mfg. Corp. v Lledos, 153 Misc 2d 296, 301 [Sup Ct, Kings County 1992]).

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