Citation Numbers: 5 A.D.3d 296, 773 N.Y.S.2d 539, 2004 N.Y. App. Div. LEXIS 3457
Filed Date: 3/25/2004
Status: Precedential
Modified Date: 11/1/2024
While petitioner landlord’s principal maintained that the tenant’s residential use of the subject apartment violated the commercial lease pursuant to which the apartment was let and thus that she was not required to issue the tenant a rent-stabilized renewal lease, substantial evidence (see Matter of Pell v Board of Educ., 34 NY2d 222, 231-232 [1974]) was adduced at the administrative hearing showing that petitioner’s principal, in violation of Rent Stabilization Code (9 NYCRR) § 2525.3 (c), required that the tenant, as a condition of renting the accommodation, sign a commercial lease when she knew that the premises would be residentially occupied. Concur—Buckley, P.J., Nardelli, Saxe and Marlow, JJ.