Former Building Super Was Rent-Stabilized Tenant

April 11, 2013

LVT Number: #24706

Landlord sued to evict the former building super, claiming that the apartment she occupied in the building was unregulated. The super claimed that she was in fact rent stabilized. The trial court ruled for landlord. The super appealed and won. Landlord admitted that the super paid rent of $422 per month. Under Rent Stabilization Code 2520.11(m), an apartment occupied by landlord's employee is exempt from regulation only if no rent is paid. The super also submitted at trial at least one lease, for 1990-1992, that contained an original signature by landlord's agent.

Landlord sued to evict the former building super, claiming that the apartment she occupied in the building was unregulated. The super claimed that she was in fact rent stabilized. The trial court ruled for landlord. The super appealed and won. Landlord admitted that the super paid rent of $422 per month. Under Rent Stabilization Code 2520.11(m), an apartment occupied by landlord's employee is exempt from regulation only if no rent is paid. The super also submitted at trial at least one lease, for 1990-1992, that contained an original signature by landlord's agent. The super was a rent-stabilized tenant, and the proceeding must be dismissed.

530 Second Street Co., LP v. Alirkan: Index No. 2463/2011, NYLJ No. 1202590776747 (App. T. 2 Dept.; 3/2/13; Pesce, PJ, Rios, Solomon, JJ)

Topics

More like this