Court Upholds Tenant's Agreement to Temporarily Relocate During Construction

February 15, 2018

LVT Number: #28202

Tenant sued landlord, claiming that tenant's temporary relocation agreement was void as it improperly waived tenancy benefits. Tenant claimed that she was forced out of her apartment for landlord to use as a staging area to complete work on a penthouse above her. She said landlord convinced her she wouldn't be safe if she stayed in the apartment. She said she wasn't restored to the apartment and couldn't get up the building's stairs because she needed a wheelchair. The court ruled against tenant.

Tenant sued landlord, claiming that tenant's temporary relocation agreement was void as it improperly waived tenancy benefits. Tenant claimed that she was forced out of her apartment for landlord to use as a staging area to complete work on a penthouse above her. She said landlord convinced her she wouldn't be safe if she stayed in the apartment. She said she wasn't restored to the apartment and couldn't get up the building's stairs because she needed a wheelchair. The court ruled against tenant. She voluntarily entered into the agreement, received compensation, and had sufficient opportunity to discuss the agreement terms with an attorney.

Asher v. 101 W. 78th LLC: 2017 NY Slip Op 32455(U), NYLJ No. 1514330473 (Sup. Ct. NY; 11/27/17; Edwards, J)

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