Apartment Used for Business

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. Tenant admitted that he didn't live in the apartment but used it solely as a business office. He claimed that landlord waived the right to evict him for nonprimary residence because landlord knew that tenant always used the apartment for business purposes. The appeals court ruled against tenant. Landlord and tenant can't legally agree to exempt an apartment from rent control through private agreement based on nonprimary residence. To the extent that landlord and tenant had an agreement, it was against public policy. Also, there was no time limit on landlord's right to sue for nonprimary residence. Tenant's duty to live in the apartment as a primary residence to maintain rent-control status was ongoing.

Cenpark Realty LLC v. Mesnikoff: NYLJ, 1/3/06, p. 31, col. 6 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)