Tenant Who Refused to Sign Vacancy Lease Was Still Rent Stabilized

January 26, 2018

LVT Number: #28188

Landlord sued to evict tenant, claiming that tenant wasn't subject to rent stabilization because he had refused to sign a vacancy lease. The court ruled for landlord, awarding it possession and $13,700 in back rent. Tenant appealed and sought to cure by signing a vacancy lease. The court ruled against tenant. Landlord then asked for attorney's fees, claiming that tenant's postjudgment motion was frivolous. The court ruled for landlord and awarded $3,535 in attorney's fees. Tenant appealed and won.

Landlord sued to evict tenant, claiming that tenant wasn't subject to rent stabilization because he had refused to sign a vacancy lease. The court ruled for landlord, awarding it possession and $13,700 in back rent. Tenant appealed and sought to cure by signing a vacancy lease. The court ruled against tenant. Landlord then asked for attorney's fees, claiming that tenant's postjudgment motion was frivolous. The court ruled for landlord and awarded $3,535 in attorney's fees. Tenant appealed and won. The appeals court found that tenant's refusal to sign the vacancy lease didn't deprive him of rent stabilization coverage. And the lower court erred by granting landlord attorney's fees, because tenant's motion wasn't frivolous. 

151 Daniel Low, LLC v. Li: 57 Misc.3d 158(A), 2017 NY Slip Op 51671(U) (App. T. 2 Dept.; 12/1/17; Solomon, JP, Pesce, Elliot, JJ)

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