Super Subject to Rent Stabilization After Employment Ended

Landlord sued to evict former building super from Room A1 after the super's employment was terminated. The super claimed that he was previously rent stabilized and therefore again subject to rent stabilization. The court ruled for the super and dismissed the case. Landlord appealed and lost. Landlord bought the SRO building in 2008. The super had lived in Room A as early as 1996. In 2005, prior landlord hired him as the building super. Sometime in 2005, Rooms A and A1 were combined into one room. Landlord failed to prove that either Room A or A1 was officially designated as a super's unit. DHCR records showed that Room A1 was rent stabilized from 1995 to 2005. There also was no proof that the super's move into either room was made as an incident of his employment or that this move was necessary for him to perform his work duties. There was also no proof that the super intended to surrender his rent-stabilized status when he became landlord's employee. Any resulting rent concession didn't terminate his rent-stabilized tenancy. 

137 Oak Management, Inc. v. Zamorski: 46 Misc.3d 145(A), 2015 NY Slip Op 502002(U) (App. T. 2 Dept.; 2/23/15; Pesce, PJ, Solomon, Elliot, JJ)