Landlord Can Evict Building Super

(Decision submitted by Joseph M. Claro of the Brooklyn law firm of Tenenbaum & Berger LLP, attorneys for the landlord.
) Landlord sued to evict its resident building super after terminating the super's employment. The super asked the court to dismiss the case. He claimed that he was a rent-stabilized tenant, that landlord had sent no termination notice before starting the eviction case, and that he had a pending complaint before the N.Y. State Department of Labor. He also claimed retaliatory eviction and a breach of the warranty of habitability. The court ruled for landlord. The super moved into the apartment in 2006, had no lease, and paid no rent. Even if the building was rent stabilized, his apartment was temporarily exempt while he lived there rent-free as part of his employment arrangement. Landlord had sent the super a letter terminating his employment. Real Property Actions and Proceedings Law Section 713(11) clearly states that no notice terminating an employee's occupancy is needed under these circumstances before starting an eviction case. The super can't claim retaliatory eviction under Real Property Law 223-B(1)(a) because he isn't a tenant. And his complaint to a government agency, the Department of Labor, doesn't state the basis for his complaint. The super also failed to prove any breach of the warranty of habitability. Notably, landlord filed the case in the commercial landlord-tenant part, not the housing part, of Civil Court.

H&H Realty LLC v. Wesley: L&T Index No. 106869/10 (Civ. Ct. Kings; 3/18/11; Wade, J)