Tenant Subject to High Rent Deregulation Despite Prior Stipulation

Rent-stabilized tenant sued landlord after tenant's rent was deregulated based on tenant's high income and high rent. The court ruled against tenant, and tenant appealed. Tenant had become subject to rent stabilization under a 1988 court stipulation. Tenant claimed he had a continuing right to remain stabilized under the stipulation. The appeals court ruled against tenant. The right to continued renewal leases under the rent stabilization law isn't absolute. Rent-stabilization coverage may be terminated for various non-fault grounds, including deregulation where tenant's monthly rent is over $2,000 and tenant's annual income is over $250,000. The language of the prior stipulation gave tenant a rent-stabilized tenancy and nothing more, subject to the provisions of the rent stabilization law. In the stipulation, tenant also waived any right to claim rent overcharge.

Blum v. Graceton Estates: NYLJ, p. 28, col. 5 (6/17/96) (App. Div. 1 Dept.; Rosenberger, JP, Wallach, Nardelli, Tom, JJ)