Landlord Not Bound by Prior Agreement

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that prior landlord had signed a settlement agreement in court in a prior case, agreeing that tenant didn't need to live in the apartment as his primary residence. The court ruled for tenant and dismissed the case. Landlord appealed. The appeals court ruled for landlord and reopened the case. Prior landlord had sued to evict tenant from one apartment and tenant's daughter from another apartment in the same building. To settle those cases, tenant's daughter agreed to move out; tenant kept his apartment, which he sold when it went condo; and tenant got another apartment from landlord. The appeals court found that prior landlord's agreement wasn't binding on new landlord. It was against public policy to allow tenants to stockpile rent-stabilized apartments that weren't their primary residences. And the agreement didn't state that it was binding on future landlords or tenants.

Rocky 116 LLC v. Weston: NYLJ, 8/14/00, p. 28, col. 3 (App. T.1 Dept., Parness, PJ, Davis, Gangel-Jacob, JJ)