Tenant's Agreement with Prior Landlord Doesn't Create Coverage

May 31, 2005

LVT Number: 18150

Landlord sued tenant and asked the court to declare that tenant's apartment wasn't rent controlled or rent stabilized. Tenant argued that prior landlord had signed an agreement that tenant's apartment was rent stabilized. The building was a three-family apartment house. Court: Landlord wins. Rent stabilization is created only by law. It can't be created by agreement or contract. The building never had six or more apartments at any time since the ETPA was enacted in 1974.

Landlord sued tenant and asked the court to declare that tenant's apartment wasn't rent controlled or rent stabilized. Tenant argued that prior landlord had signed an agreement that tenant's apartment was rent stabilized. The building was a three-family apartment house. Court: Landlord wins. Rent stabilization is created only by law. It can't be created by agreement or contract. The building never had six or more apartments at any time since the ETPA was enacted in 1974.

Sharabi v. Morales: NYLJ, 5/18/05, p. 19, col. 3 (Sup. Ct. Kings; Rivera, J)

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