In years past, some landlords have inserted clauses into initial leases where the incoming tenant represents that he or she will not be a primary resident of the apartment. Such clauses, even if they accurately reflect where the tenant will or will not live, are illegal, and have resulted in adverse consequences to both individual landlords and the real estate industry as a whole. One recent example is found in 215 W 88th Street Holdings v. New York State Div. of Hous. and Comm. Renewal, decided by the Appellate Division, First Department on Oct. 27, 2016.
Primary Residence
In 1971, the New York State Legislature determined that certain tenants were abusing rent regulation by using their apartments as pied-à-terres. In response, the Legislature enacted L.1971, ch. 373. Chapter 373 amended L.1962, ch. 21 (the legislation whereby the state enabled New York City to enact rent control and rent stabilization) to exempt such apartments from regulation:
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