Lease Didn't Comply with Rent Stabilization Code

December 1, 2005

LVT Number: 18498

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case and to issue a valid lease. Landlord also claimed that tenant's existing lease was invalid. The 1995 lease between prior landlord and former building owner as tenant was for a 20-year term at a low rent and permitted unlimited assignment or subletting. Owner had died and his son was now the tenant in occupancy. The court ruled for tenant. Since there was no valid rent-stabilized lease that had expired, there were no grounds for nonrenewal of lease based on nonprimary residence.

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case and to issue a valid lease. Landlord also claimed that tenant's existing lease was invalid. The 1995 lease between prior landlord and former building owner as tenant was for a 20-year term at a low rent and permitted unlimited assignment or subletting. Owner had died and his son was now the tenant in occupancy. The court ruled for tenant. Since there was no valid rent-stabilized lease that had expired, there were no grounds for nonrenewal of lease based on nonprimary residence. The court ordered landlord to give tenant a proper rent-stabilized lease.

University Property LLC v. Vartanian: NYLJ, 11/17/05, p. 18, col. 1 (Sup. Ct. NY; James, J)

Topics

More like this