Tenant Who Switched Apartments Remains Rent Stabilized

Landlord sued to evict when tenant's lease expired. Landlord claimed that tenant was unregulated. Tenant claimed that she was rent stabilized. The court ruled for tenant and dismissed the case. A tenant who transfers to a different unit at the request of landlord or for landlord's convenience retains her rent-stabilization status. Tenant moved into apartment 8E in the building in 1967. The building converted to a co-op in 1985. In 1998, the co-op sponsor, tenant's former landlord, asked tenant to move into a different apartment in the building so that someone could buy 8E and combine it with apartment 8F. Tenant agreed to do so, and landlord gave tenant a letter agreeing that tenant's rent-stabilized status would continue. Landlord continued to register tenant as rent stabilized, and the DHCR reduced tenant's rent in 2012 based on a reduction in services. New landlord filed the eviction case when tenant's renewal lease expired in 2012. New landlord claimed that tenant's move was voluntary and benefitted her, but had no personal knowledge about the transaction, and documents submitted to the court by tenant showed otherwise.

91 Real Estate Associate LLC v. Eskin: Index No. L&T 78814/2012, NYLJ No. 1202603560066 (Civ. Ct. NY; 6/4/13; Kraus, J)