Mascia and Tare Victorious at Appellate Term, Second Department

February 21, 2017 | Commercial Litigation

Henry Mascia and Joshua Tare obtained a significant victory at the Appellate Term, which determined that the apartment owned by the firm’s client was exempt from the Rent Stabilization Code.  Mascia and Tare convinced the Appellate Term that the apartment was not subject to the Rent Stabilization Code because the building had been “substantially rehabilitated” under  9 NYCRR § 2502.11 (e).  Mascia and Tare successfully argued that prior renovations qualified as a substantial rehabilitation because the entire building had been converted from a purely commercial space to a purely residential space.  The Court rejected the tenant’s arguments that his particular apartment was never renovated and that landlords must obtain an advisory opinion from the Department of Housing and Community Renewal to establish a substantial rehabilitation.  As a consequence, the Appellate Term affirmed the Civil Court judgment awarding the firm’s client a monetary award and possession of the apartment.


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