Trial Required After Lease Provision Declared Void

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Prior landlord had given tenant a lease with clauses permitting assignment or sublet without landlord's consent and waiving landlord's right to evict for nonprimary residence. Tenant never lived in the apartment but assigned the lease to new tenant. Some years later, new landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case based on the lease clause. The court ruled for tenant and landlord appealed. The appeals court ruled for landlord. The lease clauses in question violated the intent of the Rent Stabilization Law and were declared void. The case was reopened, and landlord was given permission to conduct pretrial questioning on the issue of nonprimary residence.

Rima 106, L.P. v. Gilbert: NYLJ, p. 30, col. 1 (6/11/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)