Tenant Voluntarily Relocated to Unregulated Apartment

May 31, 1993

LVT Number: 7048

(Decision submitted by Robert Jacobs of the Manhattan law firm of Jacobs, Zinns, Schneyer & Braff, P.C., attorneys for the landlord.) Landlord sued to evict tenant after tenant's lease expired. Tenant claimed he was rent-stabilized. But tenant had moved from his rent-stabilized apartment to a vacant decontrolled apartment in the same building. The building was being converted to cooperative ownership, and tenant didn't buy any apartment. The trial court dismissed landlord's petition, and landlord appealed.

(Decision submitted by Robert Jacobs of the Manhattan law firm of Jacobs, Zinns, Schneyer & Braff, P.C., attorneys for the landlord.) Landlord sued to evict tenant after tenant's lease expired. Tenant claimed he was rent-stabilized. But tenant had moved from his rent-stabilized apartment to a vacant decontrolled apartment in the same building. The building was being converted to cooperative ownership, and tenant didn't buy any apartment. The trial court dismissed landlord's petition, and landlord appealed. The appeals court ruled that rent stabilization rights didn't apply to the deregulated apartment. Tenant had voluntarily moved and received $10,000 from landlord to do so. Landlord could evict tenant.

Coleman v. Klitzberg: NYLJ, p. 29, col. 4 (5/19/93) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Joy, JJ)

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