Landlord Can Vacate Consent Judgment

Landlord sued rent-stabilized tenant, seeking a declaration that the apartment wasn't tenant's primary residence. Landlord and tenant had signed a settlement agreement and consent judgment. They agreed that tenant didn't use the apartment as his primary residence, that the apartment was therefore exempt from rent stabilization, that tenant's lease would be renewed for $2,400 per month, and that tenant wouldn't sublet the apartment to anyone who would use it as a primary residence. Tenant later sublet the apartment for $3,500 per month to subtenants who lived in the apartment as their primary residence. Subtenants complained to the DHCR that they were being overcharged by tenant. Landlord then asked the court to vacate the consent judgment so that it could give subtenants a lease. The court ruled against landlord. Landlord appealed and won. The prior consent judgment should have been vacated because tenant's lease was invalid. Tenant can't waive rent stabilization rights.

390 West End Assocs. v. Baron: NYLJ, 7/17/00, p. 23, col. 3 (App. Div.1 Dept.; Rosenberger, JP, Nardelli, Ellerin, Andrias, Saxe, JJ)