Failure to Give Tenant Rent Stabilization Rider Doesn't Void Lease

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed over $10,000 in back rent. Tenant claimed rent overcharge.  Among other things, tenant argued that landlord didn't attach Rent Stabilization Riders to her vacancy and renewal leases and that therefore these leases were void from the outset. As a result, tenant claimed, the legal base date rent couldn't be determined and the court should apply the DHCR's default formula in calculating the legal regulated rent.

The court ruled against tenant. Landlord claimed that it had delivered Rent Stabilization Riders to tenant. But it didn't matter. Leases are void "ab initio" if they violate public policy by, for example, providing that a tenant will not maintain an apartment as her primary residence. Mere failure to provide a Rent Stabilization Rider doesn't void a lease. Tenant's remedy is to seek an order from the DHCR directing landlord to provide the rider. The court also found that there was no rent overcharge, basing its calculation on the actual rent charged four years before tenant asserted her overcharge claim.

FAV 45 LLC v. McBain: 42 Misc.3d 1231(A), 2014 NY Slip Op 50292(U) (Civ. Ct. NY; 2/20/14; Stoller, J)