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1
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OPINION
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EXTRACTED KEY WORDS
APARTMENT LANDLORD SUMMARY JUDGMENT RENT STABILIZATION TENANT APPELLANT DISCOVERY LEASE PRIOR RENT STABILIZATION LAW SUPPORT CORRESPONDENCE BILLS JUDGES RESPONDENT GEORGIA PROPERTIES YORK MEMORANDUM APPELLATE DIVISION REVIEW STATUTORY REPRESENTATION HOUSING ACCOMMODATION NYCRR PROHIBITIONS CITY PRIVATE SUBMISSION AFFIDAVIT |
PAMELA A. DRAPER, RESPONDENT, v. GEORGIA PROPERTIES, INC., APPELLANT.
94 N.Y.2d 809 (1999).
November 23, 1999
1 No. 190
(99 NY Int. 0159)
Decided November 23, 1999
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
Scott E. Mollen, for appellant.
Peter A. Schwartz, for respondent.
MEMORANDUM:
The judgment appealed from and the order of the Appellate Division
brought up for review should be affirmed, withcosts.
This is a rent overcharge proceeding in which the plaintiff tenant
seeks recovery of rents paid in excess of the prior stabilized rate,
and accompanying statutory damages. The appeal, as of right on a
two-Justice dissent from the prior nonfinal order, is brought by the
defendant landlord, Georgia Properties, Inc.
The landlord argues that the tenant was wrongly awarded summary
judgment. It complains that it was not given an opportunity to conduct
discovery concerning the tenant's primary residence status, especially
since their lease stated that the tenant would not use the apartment
as her primary residence. The tenant counters that the landlord
proposed that she had to sign the lease and rider in the form the
landlord presented to her, which included the false representation
that the apartment would not be her primary residence.
Rent Stabilization Code § 2525.3(b) prohibits an owner from requiring
a prospective tenant "to represent or agree as a condition of renting
a housing accommodation that the housing accommodation shall not be
used as the * * * prospective tenant's primary residence" (9 NYCRR
2525.3(b)). Moreover, Rent Stabilization Code § 2520.13 provides that
"(a)n agreement by the tenant to waive the benefit of any provision of
the (Rent Stabilization Law) or this Code is void" (9 NYCRR 2520.13).
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