Landlord Can't Waive Right to Evict for Nonprimary Residence

July 31, 2000

LVT Number: 14333

Landlord sued to evict rent-stabilized tenant, which was a corporation, for nonprimary residence. Tenant asked the court to dismiss the case. In a prior nonprimary residence case, landlord and tenant had agreed that landlord would increase tenant's rent by 70 percent and would never try to evict tenant for nonprimary residence again. Tenant claimed that landlord was bound by the prior court agreement. The court ruled against tenant. Tenant appealed and lost. Landlord's agreement to waive its right to sue for nonprimary residence was against public policy and was unenforceable.

Landlord sued to evict rent-stabilized tenant, which was a corporation, for nonprimary residence. Tenant asked the court to dismiss the case. In a prior nonprimary residence case, landlord and tenant had agreed that landlord would increase tenant's rent by 70 percent and would never try to evict tenant for nonprimary residence again. Tenant claimed that landlord was bound by the prior court agreement. The court ruled against tenant. Tenant appealed and lost. Landlord's agreement to waive its right to sue for nonprimary residence was against public policy and was unenforceable. Landlord could still sue to evict for this reason. But since landlord was breaking its agreement, it would also have to refund the 70 percent rent increase, which was far greater than the legal rent-stabilized increase.

Park Towers South Co., LLC v. Universal Attractions: NYLJ, 7/10/00, p. 23, col. 6 (App. Div.1 Dept.; Nardelli, JP, Ellerin, Lerner, Rubin, JJ)

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