Landlord Can't Evict Tenant Based on Tenant's Agreement with Prior Landlord

Landlord sued to evict rent-controlled tenant for nonprimary residence because tenant and his wife had lived in Europe for several years while tenant was getting specialized cancer treatments. The court ruled for landlord without a trial, and tenant appealed. The appeals court ruled for tenant and dismissed the case. Prior landlord had asked tenant to move into a less desirable apartment in 1973. Tenant had done so based on a written agreement with prior landlord. That agreement stated that, in exchange for moving into the new apartment, tenant could stay there ''without restrictions of any kind'' at $49 per month ''until such time as the building is demolished.'' Tenant's agreement with prior landlord was binding on new landlord and barred eviction based on nonprimary residence.

Elghanayan v. George: NYLJ, p. 29, col. 4 (4/15/99) (App. T. 1 Dept.; Parness, PJ, Freedman, J)