Obstfeld v. Sims

In this nonpayment proceeding, the crucial question to be resolved is whether or not this apartment is decontrolled. The landlord claims such status by virtue of section 2 (subd. f, par. [17]) of the New York City Rent, Eviction and Rehabilitation Regulations.

The undisputed facts are as follows and their relation will clarify the legal issues to be determined.

The petitioner is the owner of a 16-family apartment building, located at 221 Elmwood Avenue, Brooklyn, New York, the respondent being a tenant in one of the dwelling units contained therein. The respondents moved into the apartment in…