Stabilization Law and Code because it contained more than six apartments were withdrawn. The
proceeding was adjourned to May 22, 2009 for trial.
A trial was held[FN1], and after a review of the testimony and
evidence, the court reaches findings of fact and conclusions of law as set forth below.
Petitioner called Mendel Farkas as its only witness on its prima facie case. Farkas
testified that he had been the manager of the Building since its acquisition by petitioner, by deed
dated October 6, 2008, offered and accepted into evidence. Farkas also produced, and the court
accepted into evidence, a Certificate of Occupancy for the Building, dated June 25, 1951,
indicating that the Building comprised three floors and a cellar, with the permissible uses being
two apartments on the third floor, two apartments on the second floor, a dentist's office in
conjunction with one family on the first floor, and ordinary storage in the cellar. Farkas also
produced and the court admitted as a evidence a Multiple Dwelling Registration documents for
the Building, indicating that the Building was registered as a multiple dwelling and that the
Department of Housing Preservation and Development ("HPD") listed the Building as containing
five class A units.
Farkas also produced documentation from the New York State Division of Housing
and Community Renewal ("DHCR") indicating that it had no record of any filings for the
Building. Farkas also produced a rent history for the Apartment, which set forth a monthly rent
of $1000. Farkas confirmed that rent had not been accepted after the expiration of the
Termination Notice.
Farkas confirmed during cross-examination that the Certificate of Occupancy listed