Agreement to Waive Rent Stabilization Status Was Void

Landlord sued to evict apartment occupant, who claimed that he had rent-stabilized succession rights. Landlord disagreed. Occupant's sister moved into the apartment as a rent-stabilized tenant in 1996. Her parents moved in with her in 1998. Tenant moved out in 2003 and occupant, who was her brother, moved in. Landlord then sued to evict tenant for nonprimary residence. That case was settled when tenant agreed to surrender her rights to the apartment and landlord gave her parents a life estate to remain in the apartment. The parents waived any claim to rent-stabilized status. When the parents died, landlord sued to evict occupant. The court ruled that the prior settlement agreement giving the parents a life estate was void because it improperly had the parents waive rights to rent-stabilized status. And the brother now had potential succession rights. Since the eviction proceeding against the brother was based on the void agreement, this case was dismissed.

Second Lenox Terr. Assn. v. Washington: Index No. 252224/16, NYLJ No. 1513759836 (Civ. Ct. NY; 11/30/17; Saunders, J)