Tenant Can't Agree to Be Nonprimary Resident

Facts: Landlord sued to evict tenant when landlord and tenant couldn't agree on the rent to be charged under renewal lease. Tenant claimed that he was rent-stabilized. Landlord argued that tenant agreed when he moved in that he wouldn't use the apartment as his primary residence. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Prior tenant rented the apartment for $1,500 per month. Landlord rented to tenant for two years at $2,600 per month. Tenant signed the agreement stating that he was a nonprimary resident, and also a similar agreement in a Supreme Court action. After signing several ''nonprimary'' renewal leases, tenant later refused to renew his lease at $5,000 per month. Court: Agreements by tenants to move into rent-stabilized apartments as nonprimary residents are void even if approved by a court. So the apartment returns to the rent-stabilized status it had before the invalid lease was signed.

Bedford Apts. Co. v. Lewison: NYLJ, 8/6/04, p. 25, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)