Tenant Pays Preferential Rent for Adjoining Apartments
LVT Number: #25966
Landlord sued to evict rent-stabilized tenant for nonpayment of rent for Apartment 4D, claiming that tenant owed over $10,000 for 10 months' rent. Tenant had rented combined apartments 4C and 4D for 36 years. Landlord and tenant signed a settlement agreement in court. Tenant agreed to give up Apartment 4D and allow landlord to seal the wall between the two apartments. Landlord in turn agreed to waive rent owed for Apartment 4D. Tenant later obtained an attorney and asked the court to vacate the agreement. The court ruled for tenant. Tenant's initial 1978 lease charged tenant only one preferential rent for the combined apartments. Landlord was required by law to renew tenant's lease on the same terms and conditions as her initial lease. In 2010, landlord started sending tenant separate renewal leases for the two apartments. But this violated the terms of tenant's initial lease by changing the terms and conditions of her initial tenancy. The settlement agreement was therefore invalid.
Remie Realty Corp. v. Rodriguez: 46 Misc.3d 1210(A), 2015 NY Slip Op 50036(U)