Dick v. Strachan

OPINION OF THE COURT

Richard Goldberg, J.

This case raises, apparently for the first time, the issue of which lease provisions apply when a rent stabilization lease and a section 8 lease (42 USC § 1437f) are both ostensibly in effect during the same time period and their provisions conflict.

Petitioner landlord commenced this summary holdover proceeding seeking possession of respondent tenant’s apartment for family use. Respondent’s answer alleges lack of good faith *80and includes a demand for trial by jury, counterclaims and demands for discovery. Petitioner contends that pursuant to clauses in…