Tenant Not Covered

Landlord sued to evict rent-controlled tenant. Rent-controlled tenant agreed to move out and remaining occupant signed a court-ordered agreement in which landlord gave occupant a five-year lease not subject to rent control or rent stabilization. Landlord agreed that any renewal lease would be at rent-stabilized guidelines increases. Landlord and new tenant also agreed that if the agreement were ever set aside, landlord could ask the court for a judgment of possession. Landlord later sued to evict tenant for nonpayment of rent, and tenant asked that the agreement be set aside. Tenant then claimed that he could have rent-stabilized status. The court ruled for tenant. Landlord appealed and won. Tenant wasn't rent stabilized prior to the agreement. Tenant might have been evicted in a prior court case. The lower court was wrong to find that tenant was rent stabilized by law.

E.G.A. Assocs. v. Ziegler: NYLJ, p. 28, col. 3 (11/20/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)