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MATTER OF 233 E. 5TH ST., LLC v. SMITH

570253/16, 2255, 6036.

162 A.D.3d 600 (2018)

75 N.Y.S.3d 908

2018 NY Slip Op 04837

In the Matter of 233 E. 5th St., LLC, Respondent, v. Craig Smith et al., Appellants.

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

Decided June 28, 2018.

The Appellate Term properly found that the vacancy allowance increase of 20% was added to the prior stabilized tenant's legal rent of $1,836, in order to determine that the subject apartment's rent exceeded $2,000, and thus was deregulated. Here, the vacancy by the prior tenant occurred in 2003, after the effective date of the Rent Regulation Reform Act of 1997, and Administrative Code of City of NY §§ 26-511 (c) (5-a...

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