Rent-Stabilized Tenant Who Became Building Super Retained Tenancy Rights

Landlord sued to evict the building superintendent from an apartment in the building after the super's employment was terminated. Landlord claimed that the super had an employment agreement and was permitted to live in the apartment rent-free as part of his employment. The apartment was rent stabilized but temporarily exempt during the super's occupancy. The super claimed that he had been a rent-stabilized tenant in another apartment in the building before becoming the super and argued that he should now resume his rent-stabilized status.

The court ruled for the super and dismissed the case. A rent-stabilized tenant who becomes a super and moves into a new apartment loses his tenancy rights only if all or most of the following conditions apply: (1) the new apartment is a "superintendent's apartment"; (2) the move to the new apartment was necessary for the performance of the super's duties; (3)  the super requested the move; (4)  there was proof that the super exchanged his status as tenant for that of employee; and (5) the super didn't pay rent for the new apartment.  

In this case, the super paid no rent. But landlord failed to prove that the new apartment was a "superintendent's apartment" and that the move was necessary for the super to perform his duties. Landlord presented no proof of why the super changed apartments and, according to the super, it was prior landlord who requested the move. There also was no proof that the super exchanged his status as a tenant for that of employee. And there was no proof that the super agreed to give up his tenancy rights in exchange for becoming the super. 

OLR LBCE LP v. Trottman: 42 Misc.3d 1227(A), 2014 NY Slip Op 50238(U) (Cit. Ct. Bronx; 2/11/14; Lehrer, J)