Super's Girlfriend Gets Rent-Stabilized Apartment

Landlord sued to evict remaining occupants from the building super's apartment after the super's employment was terminated. Occupant claimed that she lived in the apartment as a rent-stabilized tenant before the super moved in with her, and was entitled to remain. The DHCR annual rent registration records showed that she was registered as tenant from1988 until 2000. The apartment was then registered as exempt because no rent was paid and it was employee occupied. The court ruled for occupant. Landlord appealed, claiming that the super, occupant, and prior landlord engaged in fraud by agreeing to register the apartment in occupant's name so she could get public assistance. Landlord also claimed that occupant was no longer rent stabilized once the apartment became employee occupied. The appeals court ruled against landlord. Occupant had been rent stabilized and never gave up her rights to the apartment. And landlord's claim of fraud wasn't supported by any proof.

Clearview Apartment Associates, LP v. Gumersino: NYLJ, 9/4/07, p. 37, col. 2 (App. T.2 Dept.; Pesce, PJ, Golia, Rios, JJ)