Housing Court Can't Declare Preferential Rent Invalid

January 28, 2019

LVT Number: #29884

Landlord sued to evict building super, claiming that he lived in his apartment merely due to his employment. Landlord and the super signed a settlement agreement in court. The agreement stated that the super was a rent-stabilized tenant, that his legal monthly rent was $1,803, and that he would pay a preferential monthly rent of $1,100. The super's employment also was terminated. Later, when the super failed to pay rent owed under the settlement agreement, landlord asked the court to revoke the preferential rent because the super, now tenant, had defaulted in rent payments.

Landlord sued to evict building super, claiming that he lived in his apartment merely due to his employment. Landlord and the super signed a settlement agreement in court. The agreement stated that the super was a rent-stabilized tenant, that his legal monthly rent was $1,803, and that he would pay a preferential monthly rent of $1,100. The super's employment also was terminated. Later, when the super failed to pay rent owed under the settlement agreement, landlord asked the court to revoke the preferential rent because the super, now tenant, had defaulted in rent payments. But tenant had now paid the back rent, and Housing Court didn't have the authority to grant landlord's request for a declaratory judgment. The court denied landlord's request.

CEP N.Y. Ave LLC v. Faison: Index No. 92344/17, NYLJ No. 1545301838 (Civ. Ct. Kings; 11/21/18; Wang, J)

Topics

More like this