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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Paikoff v. Harris, 185 Misc. 2d 372 (1999)

Citation
Paikoff v. Harris, 185 Misc. 2d 372 (1999)
Parent Document
Paikoff v. Harris, 185 Misc. 2d 372 (1999)
Jurisdiction
New York (state)
Effective Date
1999-10-12

Full Text

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For their part, landlords claimed that tenants were not “non-purchasing tenants” because they had moved into the apartment after the conversion and had sublet from “a purchaser under the plan,” defined broadly in the statute as the “person who owns the shares allocated to a dwelling unit” (General *375Business Law § 352-eeee [1] [d]). Landlords also argued that even if tenants were “non-purchasing tenants” they had been afforded all the rights of such tenants because the proposed rent of $850 was not unconscionable. Landlords stated that the stipulated reduction of the rent to $500 was in settlement of tenants’ warranty-of-habitability claims and was not meant to be permanent; that tenants acknowledged that the court-ordered repairs had been completed in April 1996; that an increase over five years from $625 to $850 came to 6% a year; and that tenants had refused to cooperate with landlords’ contractors, had refused landlords access and had mounted a campaign of harassment against landlords involving, inter alia, repetitive complaints to HPD and the arrest and jailing of one of the landlords and the obtaining of a temporary restraining order barring him from the building. Landlords further stated that after discussions with real estate brokers and other landlords, they had learned that unfurnished one-bedroom apartments in the area rented for more than $850 and they had set the rent at this amount as a “conservative” figure; that a one-bedroom apartment of approximately the same size as tenants' across from tenants’ apartment is renting for $900 per month and a one-bedroom apartment downstairs is renting for $1,050; and that they had spent more money in renovating tenants’ apartment — by replacing the floors, the sheetrock on virtually all the walls, the ceilings, the refrigerator and the stove — than they had spent in renovating any other apartment. Landlords also submitted an affidavit from a licensed real estate broker with 30 years’ experience in the area attesting to the fact that $850 a month for a one-bedroom apartment in that building was reasonable and by no means unconscionable.