Tenant Gave Up Right to Apartment

May 31, 1996

LVT Number: 10611

Tenant sued landlord, seeking restoration of her old apartment to livable condition. Landlord claimed tenant had given up possession of the apartment and wasn't entitled to sue. The court ruled for landlord. Tenant's rent-controlled apartment had been seriously damaged by fire. In exchange for giving up that apartment, landlord gave tenant a 20-year lease in another apartment at a lower, preferential rent. This agreement was legal. Tenant no longer had any claim to the fire-damaged apartment.

Tenant sued landlord, seeking restoration of her old apartment to livable condition. Landlord claimed tenant had given up possession of the apartment and wasn't entitled to sue. The court ruled for landlord. Tenant's rent-controlled apartment had been seriously damaged by fire. In exchange for giving up that apartment, landlord gave tenant a 20-year lease in another apartment at a lower, preferential rent. This agreement was legal. Tenant no longer had any claim to the fire-damaged apartment.

Harrison v. Linus Holding Co.: NYLJ, p. 26, col. 1 (5/22/96) (Civ. Ct. NY; Wendt, J)

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