Landlord Can Evict Super

April 30, 1997

LVT Number: 11414

Landlord sued to evict the building superintendent from the apartment after his employment ended. Super claimed he was rent-stabilized tenant. The court ruled for landlord. Super appealed and lost again. The super lived in apartment 1A without paying rent as compensation for his employment. Even though super lived in another apartment as tenant for 18 months before he moved into apartment 1A as super, he didn't occupy apartment 1A as both tenant and employee.

Landlord sued to evict the building superintendent from the apartment after his employment ended. Super claimed he was rent-stabilized tenant. The court ruled for landlord. Super appealed and lost again. The super lived in apartment 1A without paying rent as compensation for his employment. Even though super lived in another apartment as tenant for 18 months before he moved into apartment 1A as super, he didn't occupy apartment 1A as both tenant and employee.

Mohr v. Gomez: NYLJ, p. 25, col. 3 (4/25/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, McCooe, JJ)

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