Former Building Super Not Rent-Stabilized Tenant

Landlord sued to evict former employee from apartment he occupied while he was the building super. The super claimed that he was subject to rent stabilization and couldn't be evicted. The court and two appeals courts ruled for landlord. The trial court properly found that the super's right to occupy the apartment ended when his employment was terminated. He had been given the apartment solely in connection with his job at the building. The super claimed that he was rent stabilized because he had lived with his wife in a rent-stabilized apartment in the building. But when he accepted employment from landlord and moved into a separate apartment, he exchanged his status as tenant for status as landlord's employee. There was no longer any landlord-tenant relationship. An undated, handwritten note stating that landlord would give super a two-year renewal lease if his employment ended, which the super claimed landlord initialed, wasn't valid proof of an agreement. Landlord claimed that it never signed this paper, and the super had testifid that he had no written agreement with landlord.

Genc Realty LLC v. Nezaj: NYLJ, 6/30/08, p. 25, col. 4 (App. Div. 1 Dept.; Lippman, PJ, Tom, Andrias, Saxe, JJ)