Agreement Not to Renew Rent-Stabilized Lease Void

February 20, 2015

LVT Number: #25978

Landlord sued to evict rent-stabilized tenant for nonprimary residence and rent profiteering. Landlord and tenant signed a settlement agreement in court in 2009. Landlord agreed to drop the case provided tenant waived her right to a renewal lease and moved out by May 31, 2014. When tenant didn't move out as agreed, the court granted landlord a judgment of possession. Tenant appealed the court's decision and won. Tenant's waiver of her right to renew her rent-stabilized lease was void as a matter of public policy, even if tenant benefitted from the agreement.

Landlord sued to evict rent-stabilized tenant for nonprimary residence and rent profiteering. Landlord and tenant signed a settlement agreement in court in 2009. Landlord agreed to drop the case provided tenant waived her right to a renewal lease and moved out by May 31, 2014. When tenant didn't move out as agreed, the court granted landlord a judgment of possession. Tenant appealed the court's decision and won. Tenant's waiver of her right to renew her rent-stabilized lease was void as a matter of public policy, even if tenant benefitted from the agreement.

New York Hanover Corp. v. Ibodli: Index No. 14-442, NYLJ No. 1202714217192 (App. T. 1 Dept.; 1/7/15)

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