546 W 156TH ST HDFC v. SMALLS


43 A.D.3d 7 (2007)

839 N.Y.S.2d 62

546 WEST 156TH STREET HDFC, Appellant, v. LENISE SMALLS, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 26, 2007.


Attorney(s) appearing for the Case

Edward Joseph Filemyr IV, New York City, for appellant.

No appearance for Lenise Smalls, respondent.

FRIEDMAN, SULLIVAN, NARDELLI and CATTERSON, JJ., concur.


OPINION OF THE COURT

TOM, J.P.

This Court is asked to decide whether the parties to a residential lease can, by private agreement, subject an apartment to regulation under the Rent Stabilization Law where the building was created as a not-for-profit housing cooperative under the Private Housing Finance Law and is statutorily exempt from rent stabilization.

Petitioner landlord is a housing development fund company, a cooperative incorporated in November...

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