Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)

Citation: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Parent Document: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-12-08
Original Source: https://www.courtlistener.com/opinion/9328646/liggett-v-lew-realty-llc/ ↗

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Defendant and my colleagues contend that McKinney could not have waived any rent stabilization rights when he signed the 2000 stipulation because he was not then a tenant, citing Kent v Bedford Apts. (237 AD2d 140 [1st Dept 1997[*6]]). However, the Court of Appeals implicitly overruled Kent in Jazilek v Abart Holdings, LLC (10 NY3d 943 [2008], supra). In Jazilek, the parties had resolved an earlier holdover proceeding with a stipulation providing that the respondent (described variously as an illegal subtenant or roommate of a primary tenant who had vacated the rent-stabilized apartment), would become the primary tenant at an agreed upon rent. Mr. Jazilek then signed a market rate lease, but later commenced an action seeking a declaration that he was a rent-stabilized tenant. The motion court denied the landlord's motion to dismiss, and the landlord appealed. Citing Kent, this Court reversed, determining that the stipulation was not void as an impermissible waiver of rent stabilization rights, since Mr. Jazilek had no legal status as a tenant when he entered into the stipulation (Jazilek, 41 AD3d 124, 125 [1st Dept 2007]). The Court of Appeals reversed, holding that it did not matter that Jazilek was not a tenant "of record" when he entered into the stipulation. Since the terms of the stipulation impermissibly waived rent stabilization rights, the Court of Appeals held that the stipulation was void (Jazilek, 10 NY3d at 944; see also 9 NYCRR 2520.13).[FN8]

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