Landlord Can't Evict Super

Facts: Landlord sued to evict the building's super after firing him. Super had lived in the building one year before being hired by landlord, and continued to pay rent during his first 15 years on the job. But he lived in the apartment rent-free for the next 10 years. Landlord argued that the DHCR had previously ruled that the super-occupied apartment was exempt from rent stabilization. Super argued that his right to the apartment survived the end of his job because he was a tenant before being hired. Court: Super wins. Super had moved in as a tenant before becoming an employee, so the initial landlord-tenant relationship remains in effect. Landlord could evict super only if he'd moved in as part of his job. And the DHCR had merely determined that the apartment was exempt from rent stabilization as of April 1984 because it was occupied by the super on that date. It made no ruling regarding his right to remain in the apartment.

Gottlieb v. Adames: NYLJ, p. 21, col. 2 (9/23/94) (App. Div. 1 Dept.; Ostrau, JP, Miller, McCooe, J)