Case Type

Holdover-Breach of Lease

Housing Type

Market Rate

Court

Appellate Division, First Department

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

155572/22

Slip Opinion Number

2024 NY Slip Op 02013

Petitioner

George John Jordan Thomas Aquinas Hayward

Respondent

Site 4 DSA Owner LLC, Also Known as C&C Apartment Management LLC

Judge

Moulton, J.P., Gesmer, González, Rodriguez, Michael, JJ.

Decision/Order Date

2024-04-16

Posture

Post-answer Motion by Tenant

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

The tenant appealed pro se the dismissal of his amended complaint against the landlord by the Appellate Division, First Department. The tenant claimed that a 421-a rider erroneously attached to his lease entitled him to rent stabilization status. However, the court found that rent stabilization rights cannot be created by waiver or estoppel. Additionally, the tenant lacked standing to enforce the regulatory agreement between the landlord and the City of New York. The court upheld the dismissal, ruling in favor of the landlord.

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