Building Super Was Rent Stabilized After Employment Terminated

Landlord sued to evict the building super after the super's employment was terminated. The super claimed that he was a rent-stabilized tenant and couldn't be evicted. The court ruled for the super and dismissed the case. The super showed that he had lived in the apartment since 1988 and began working as the super in 1994. The super proved he paid rent at $400 per month to landlord while he was a building employee by submitting copies of 25 money orders paid between September 2009 and February 2017. He also submitted copies of receipts for cash payments for rent paid between 2005 and 2007. The super lost his original lease in an apartment fire in 2008, but it was uncontested that he received no pay for his work as a super except for a rent concession, limiting his monthly rent to $400. DHCR records showed that the apartment was registered as rent stabilized from 1984-1995 in the name of Rita Richards, who was tenant's former wife. Landlord also registered the super as the rent-stabilized tenant for 2007, 2008, and 2013-2015.

Richards v. Barrows: 56 Misc.3d 1214(A), 2017 NY Slip Op 50998(U) (Civ. Ct. Bronx; 8/8/17; Kraus, J)