Pushyk v Shiyanoff

Holding The court affirmed the dismissal of the holdover petition, finding that the building was subject to rent stabilization because evidence supported a finding that a rear bedroom had been occupied as a separate residential unit, bringing the total to six units. Consequently, the landlords failed to meet their burden of proving an exemption and failed to serve the specific notices required for eviction under the Rent Stabilization Code.

The court’s words

The evidence at trial supports a finding that a woman named Alla resided in the rear bedroom of apartment 1L as a separate housing accommodation.

2026 NY Slip Op 51296[U], at the official text

Landlords were unable to set forth a credible and complete timeline of the tenants who occupied apartment 1L and, therefore, did not meet their ultimate burden of demonstrating that the premises is not rent stabilized.

2026 NY Slip Op 51296[U], at the official text

Given that the subject apartment is subject to rent stabilization, landlords can evict tenant only upon one of the grounds set forth in Rent Stabilization Code (RSC) (9 NYCRR) § 2524.3

2026 NY Slip Op 51296[U], at the official text