Judge John H. Stanley

Petitioner sought to recover possession of the subject premises from rent stabilized tenant, Roque, arguing the basement apartment was an illegal unit that could not be legalized. Roque moved for summary judgment, or alternatively, dismissal arguing a jurisdictional defect in the termination notice. DHP issued a vacate order for the apartment in 2014 and Roque was moved to a different apartment in the same building under a two attorney stipulation that stated Roque gave up all rights to the basement unit and may reside in the subject premises until May 31, 2015. Thereafter, the license expired and petitioner was permitted to initiate eviction proceedings, but Roque remained in the premises stating he began paying $500 monthly rent to petitioner. The court found none of the exceptions within Rent Stabilization Code 2520.11 applied to the facts herein, noting once Roque was moved into the rent stabilized premises with landlord's permission and permitted to remain for months. Petitioner conferred rent stabilized status on him and a stipulation could not deregulate the apartment as rent stabilization protections were non-waivable. As there were no material disputed facts and petitioner failed to show the stipulation was enforceable, final judgment of dismissal was awarded to Roque.