JAZILEK v. ABART HOLDINGS LLC (2008)

 OPINION OF THE COURT

The Appellate Division order should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

After tenant-of-record surrendered possession of a rent-stabilized apartment, landlord entered into a so-ordered stipulation with tenant, who had been subletting the apartment, for an unregulated lease purporting to fix rent at a sum that exceeded the legal limit under the Rent Stabilization Code. Although tenant was not “of-record” upon entering the agreement, the so-ordered stipulation violates the Rent Stabilization Code and is void as against public policy (see Riverside Syndicate, Inc. v. Munroe, 10 N.Y.3d 18, 853 N.Y.S.2d 263, 882 N.E.2d 875 [2008];  Rent Stabilization Code [9 NYCRR] § 2520.13).   Tenant was not required to proceed in Housing Court in this instance (see Riverside;  see also Teitelbaum Holdings v. Gold, 48 N.Y.2d 51, 54, 421 N.Y.S.2d 556, 396 N.E.2d 1029 [1979] ).

 On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

MEMORANDUM.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.