Landlord Can't Waive Right to Evict for Nonprimary Residence

August 31, 1999

LVT Number: 13525

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial, claiming that landlord had waived the right to evict him for nonprimary residence. The court ruled against tenant, and tenant appealed, claiming that, by prior agreement, it was permitted to keep the apartment despite its absence, in exchange for a rent increase that was greater than the guidelines increase permitted under the rent stabilization law. The appeals court ruled against tenant.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial, claiming that landlord had waived the right to evict him for nonprimary residence. The court ruled against tenant, and tenant appealed, claiming that, by prior agreement, it was permitted to keep the apartment despite its absence, in exchange for a rent increase that was greater than the guidelines increase permitted under the rent stabilization law. The appeals court ruled against tenant. The purpose of the rent stabilization law is to provide affordable housing for individuals who will live there as their primary residences. This purpose isn't served by permitting landlords and tenants to bargain away the primary residence requirement as a means to increase the rent above legal levels.

Park Towers South Co. v. Universal Attraction: NYLJ, p. 22, col. 1 (8/3/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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