Former Super Who Became Tenant Was Rent Stabilized

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $17,000. Tenant claimed rent overcharge. The court ruled for landlord and dismissed the overcharge claim. Tenant appealed and won. Tenant moved into the apartment in 1994 as the building super and didn't pay rent. In 2007, tenant's employment was terminated and he remained in the apartment under a series of unregulated leases. Tenant's first lease was at a monthly rent of $2,000 with a preferential rent of $1,500. The lower court found that tenant's rent was therefore deregulated as a matter of law. But landlord stated in its court petition that tenant was rent stabilized and that the rent sought was the "lawful stabilized rent." Tenant's apartment was temporarily exempt from stabilization while tenant was the super. But it reverted back to rent-stabilized status when landlord accepted the super as a tenant after his job ended. Rent Stabilization Code Section 2526.1(a)(3)(iii) presumes that the first tenant after a vacancy is offered a rent-stabilized lease. The case was sent back to the lower court to determine the amount of tenant's legal rent.

Goldman v. Malagic: Index No. 570595/13, NYLJ No. 1202670866015 (App. T. 1 Dept.; 9/16/14; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)