Warren A. Estis and Jeffrey Turkel
Sometimes a landlord and a tenant agree that the tenant will move from one apartment in a building to another. If the tenant is rent controlled, can she take that status with her, even though the new apartment cannot be rent controlled by law? If the tenant is stabilized and moves into a deregulated unit, has he forfeited his stabilized status?
The answer, not surprisingly, depends upon the intentions of the parties, as Justice Carmen Victoria St. George recently held in McDonald v. JBAM TRG Spring, 58 Misc 3d 1213(A) (Sup. Ct. N.Y. Co. 2018).
