Prior Deregulation Case Doesn't Bar Nonprimary Residence Claim

July 31, 2004

LVT Number: 17496

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. In a prior high-rent/high-income deregulation case before the DHCR, landlord claimed that tenant lived in the apartment and had a household income greater than the threshold for deregulation. Tenant argued that this was a contradictory position to the one landlord took in the nonprimary residence case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back to the lower court.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. In a prior high-rent/high-income deregulation case before the DHCR, landlord claimed that tenant lived in the apartment and had a household income greater than the threshold for deregulation. Tenant argued that this was a contradictory position to the one landlord took in the nonprimary residence case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back to the lower court. Landlord wasn't barred from bringing the nonprimary residence case just because it didn't get a favorable ruling when it raised the contradictory claim in the deregulation case.

River York Stratford, LLC v. Linderman: NYLJ, 7/7/04, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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