448-452 W. 57 Assoc. LLC v Sposaro

Holding The Appellate Term reversed the dismissal of a lease-expiration holdover petition, holding that a landlord’s failure to register a tenant with the DHCR does not legally prevent the deregulation of an apartment due to a high rent vacancy. The court determined that rent regulation coverage is a statutory right that cannot be created by waiver or estoppel, and remanded for a new trial to determine if the deregulation was legal and legitimate.

The court’s words

it is not determinative as a matter of law as to whether the apartment was properly deregulated

2026 NY Slip Op 51632[U], at the official text

Coverage under rent regulation is a matter of statutory right and cannot be created by waiver or estoppel

2026 NY Slip Op 51632[U], at the official text

the trial court did not make a determination as to whether the purported high rent deregulation of the apartment in 2004 was legal and legitimate

2026 NY Slip Op 51632[U], at the official text