Unit Not Rent Stabilized

August 31, 2001

LVT Number: 15266

Landlord sued to evict tenant after her lease expired. Tenant claimed that she was rent stabilized. The court ruled for landlord. Tenant appealed and lost. Tenant's original lease stated in 1990 that any renewal offer would be at a rent increase not more than 1 percent greater than rent stabilization guidelines. But this didn't make tenant's apartment rent stabilized, and it didn't mean landlord had to offer tenant a renewal lease. Tenant's original lease also stated that ''tenant understands that this unit is not subject to rent stabilization.''

Landlord sued to evict tenant after her lease expired. Tenant claimed that she was rent stabilized. The court ruled for landlord. Tenant appealed and lost. Tenant's original lease stated in 1990 that any renewal offer would be at a rent increase not more than 1 percent greater than rent stabilization guidelines. But this didn't make tenant's apartment rent stabilized, and it didn't mean landlord had to offer tenant a renewal lease. Tenant's original lease also stated that ''tenant understands that this unit is not subject to rent stabilization.''

Arlit Flushing Assocs. v. Randle: NYLJ, 8/10/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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