Tenant Didn't Give Up Right to Get Renewal Lease

July 31, 1999

LVT Number: 13457

Landlord sued to evict tenant to recover tenant's rent-stabilized apartment for his own use. The court dismissed the case because tenant didn't have a renewal lease. Landlord appealed, claiming that as part of a settlement of a prior nonpayment case, tenant had given up any claim to rent-stabilization rights, including the right to a renewal lease. The appeals court ruled against landlord. The prior court settlement agreement specifically stated that tenant could go to the DHCR to seek an order to make landlord offer him a renewal lease.

Landlord sued to evict tenant to recover tenant's rent-stabilized apartment for his own use. The court dismissed the case because tenant didn't have a renewal lease. Landlord appealed, claiming that as part of a settlement of a prior nonpayment case, tenant had given up any claim to rent-stabilization rights, including the right to a renewal lease. The appeals court ruled against landlord. The prior court settlement agreement specifically stated that tenant could go to the DHCR to seek an order to make landlord offer him a renewal lease. So landlord couldn't claim that tenant had given up his rent-stabilization rights under the prior settlement agreement. Landlord can't maintain the owner occupancy case against tenant without first offering him a renewal lease.

Schippers v. Slepoff: NYLJ, p. 31, col. 5 (7/16/99) (App. T.2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

Topics

More like this