Tenant Who Refused to Sign Vacancy Lease Was Still Rent Stabilized

January 26, 2018
LVT Number: #28188

Landlord sued to evict tenant, claiming that tenant wasn't subject to rent stabilization because he had refused to sign a vacancy lease. The court ruled for landlord, awarding it possession and $13,700 in back rent. Tenant appealed and sought to cure by signing a vacancy lease. The court ruled against tenant. Landlord then asked for attorney's fees, claiming that tenant's postjudgment motion was frivolous. The court ruled for landlord and awarded $3,535 in attorney's fees. Tenant appealed and won.

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151 Daniel Low, LLC v. Li: 57 Misc.3d 158(A), 2017 NY Slip Op 51671(U) (App. T. 2 Dept.; 12/1/17; Solomon, JP, Pesce, Elliot, JJ)