Legal Opinion

Kips Bay Towers, Inc. v. Armstrong

Civil Court of the City of New York

Decided May 16, 1975PublishedCited by 2 opinions

1Opinion of the CourtBentley Kassal, J.

ISSUE

Can a cleverly worded "savings clause”, appended to an otherwise improper renewal lease, convert it so that it complies with the Rent Stabilization Regulations?

FACTS

Respondent is the tenant of an apartment subject to the Rent Stabilization Law of 1969. (Administrative Code of the City of New York, § YY51.) Pursuant to that law and the Code of the Real Estate Industry Stabilization Association of New York City, Inc. adopted thereunder, the landlord is required to "offer to renew the lease at the stabilization rent permitted for such renewal lease and otherwise on the same conditions as…

2Cases cited5 opinions

  1. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  2. Seabrook v. Commuter Housing Co.Civil Court of the City of New York · 1972
  3. Parkwood Realty Co. v. MarcanoCivil Court of the City of New York · 1974
  4. Tai On Luck Corp. v. CirotaAppellate Division of the Supreme Court of the State of New York · 1970
  5. Swift v. 130 West 57th Corp.New York Court of Appeals · 1970

3Cited by2 opinions

  1. Tann Realty Co. v. ThompsonCivil Court of the City of New York · 1981
  2. Francis Apts. v. McKittrickCivil Court of the City of New York · 1979

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