Tenant Voluntarily Agreed t o Give Up Coverage

May 31, 2000

LVT Number: 14163

Tenant sued landlord in Supreme Court, claiming his apartment was rent controlled. The lower court ruled against tenant, finding that tenant should have started the case in civil court. Tenant appealed. The appeals court found that the case was in the right court, but ruled against tenant. Tenant moved out of his prior rent-controlled apartment voluntarily and received the benefit of the new apartment. In these circumstances, tenant's settlement agreement giving up rent control coverage when he changed apartments was valid.

Tenant sued landlord in Supreme Court, claiming his apartment was rent controlled. The lower court ruled against tenant, finding that tenant should have started the case in civil court. Tenant appealed. The appeals court found that the case was in the right court, but ruled against tenant. Tenant moved out of his prior rent-controlled apartment voluntarily and received the benefit of the new apartment. In these circumstances, tenant's settlement agreement giving up rent control coverage when he changed apartments was valid.

Eckstein v. New York University: 705 NYS2d 51 (2000) (App. Div.1 Dept.; Tom, JP, Wallach, Rubin, Saxe, JJ)

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