Super Moved to Different Building Managed by Same Agent

Landlord sued to evict the super from his apartment, occupied as a condition of employment. Landlord had terminated the super's employment and claimed that the super was no longer entitled to the apartment. The super had lived with his girlfriend in an apartment in another building. The girlfriend was rent stabilized and gave up that apartment to move with the super. The super claimed that landlord's managing agent convinced the girlfriend to surrender her rent-stabilized apartment as a condition of the super's employment. The super claimed that the girlfriend exchanged apartments for landlord's benefit and so should be deemed rent stabilized in the new apartment. Landlord claimed that the two buildings had different owners. The court ruled for the super. The two buildings had the same managing agent, who had made the agreement with the super. Under the Rent Stabilization Code, a building's managing agent can be defined as an ''owner'' for the purpose of this defense.

106 E. 116th St., LLC v. Vergas: NYLJ, 3/16/05, p. 19, col. 3 (Civ. Ct. NY; Lai, J)