Former Super Is Rent-Controlled Tenant

April 1, 1999

LVT Number: 13094

Landlord sued to evict former building superintendent after the super's employment was terminated. The super had lived in the building for 54 years and claimed she was a rent-controlled tenant. The super presented 1968 orders from the Office of Rent Control listing her as a rent-controlled tenant. Landlord claimed that these orders were based on filings that didn't reflect the facts and didn't prove the super was rent-controlled. The super also presented proof that at one time she had paid rent. The court ruled for the super, finding that she was a rent-controlled tenant.

Landlord sued to evict former building superintendent after the super's employment was terminated. The super had lived in the building for 54 years and claimed she was a rent-controlled tenant. The super presented 1968 orders from the Office of Rent Control listing her as a rent-controlled tenant. Landlord claimed that these orders were based on filings that didn't reflect the facts and didn't prove the super was rent-controlled. The super also presented proof that at one time she had paid rent. The court ruled for the super, finding that she was a rent-controlled tenant. She didn't live in the apartment solely as a condition of her employment, and couldn't be evicted merely because she no longer worked for landlord.

165 South 9th Realty Corp. v. Bumgardner: NYLJ, p. 30, col. 2 (3/10/99) (Civ. Ct. Kings; Callender, J)

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