Drucker v. Mauro

Andrias, J. (dissenting).

On March 1, 1995, the parties to a rent-stabilized lease entered into a renewal lease with a rider. As pertinent to this appeal, article 2 of the rider provides that plaintiffs are entitled in perpetuity to automatic two-year renewal leases with rent increases to be fixed according to the percentages periodically set by the New York City Rent Guidelines Board. The issue presented is whether the parties’ agreement is void as against public policy because it effectively deregulated the apartment.

The majority concludes that the parties’ agreement was an attempt to…