Judge Sabrina Kraus
In this summary holdover action by landlord against tenant of record Eskin, landlord argued Eskin’s lease expired and she was no longer entitled to possession of the premises. Eskin asserted she was a rent stabilized tenant, and sought summary judgment dismissal. The petition asserted the premises were exempt from rent stabilization as the unit was in a building converted to a co-op, and Eskin’s unit became deregulated upon the vacancy of the then-rent regulated tenant. Landlord requested Eskin move from her unit as a prospective buyer sought to buy it and combine it with an adjoining unit. It was agreed Eskin’s rent regulated status would continue in the new unit, and her rent would remain the same. She had been issued rent stabilized lease renewals since that time. Landlord argued rent stabilized status could not be created by agreement, and the unit was exempt. The court disagreed stating a tenant entitled to protection from eviction under rent regulation did not lose such protections because she transferred to a different unit at the landlord’s request, or for the landlord’s convenience. The exchange in units was a mere substitution of regulated housing accommodations, and the tenancy remained subject to the protections of rent regulation. Eskin’s motion was granted.
