Lease Doesn't Subject Unregulated Apartment to Stabilization

March 1, 2008

LVT Number: #20248

Landlord sued to evict tenant after her lease expired. Tenant claimed that she was entitled to a renewal lease. Prior landlord had given her a rent-stabilized lease and said he would renew the lease based on rent guidelines increases. Landlord argued that the building wasn’t rent stabilized. The court ruled for landlord. There was no agreement in the prior lease to renew it. And tenant wasn’t rent stabilized, because the building wasn't subject to rent stabilization as a matter of law.

Landlord sued to evict tenant after her lease expired. Tenant claimed that she was entitled to a renewal lease. Prior landlord had given her a rent-stabilized lease and said he would renew the lease based on rent guidelines increases. Landlord argued that the building wasn’t rent stabilized. The court ruled for landlord. There was no agreement in the prior lease to renew it. And tenant wasn’t rent stabilized, because the building wasn't subject to rent stabilization as a matter of law. Tenant can't claim that she's entitled to a rent-stabilized renewal lease because of waiver or estoppel when there is no legal right to a rent-stabilized lease.

17 Maple Avenue Holding LLP v. Jackson: NYLJ, 2/13/08, p. 27, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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