Landlord Can't Waive Primary Residence Requirement

June 30, 2001

LVT Number: 15123

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. Prior landlord had signed a settlement agreement in court with tenant, agreeing to waive the primary residence requirement. The court ruled for tenant. Landlord appealed and won. Tenant then appealed. The next appeals court ruled against tenant. Prior landlord's agreement to waive primary residence requirements for rent-stabilized tenant was against public policy and was unenforceable. Landlord was entitled to proceed with the nonprimary residence case against tenant.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. Prior landlord had signed a settlement agreement in court with tenant, agreeing to waive the primary residence requirement. The court ruled for tenant. Landlord appealed and won. Tenant then appealed. The next appeals court ruled against tenant. Prior landlord's agreement to waive primary residence requirements for rent-stabilized tenant was against public policy and was unenforceable. Landlord was entitled to proceed with the nonprimary residence case against tenant.

Rocky 116 LLC v. Weston: NYLJ, 6/11/01, p. 23, col. 2 (App. Div.1 Dept.; Andrias, JP, Lerner, Rubin, Buckley, Marlow, JJ)

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