Mayflower Assoc. v. Gray

In Mayflower Assoc. v. Gray (NYLJ, Mar. 1, 1994, at 21, col 1 [App Term, 1st Dept]), the premises were a legal apartment in a multiple dwelling containing fewer than six dwelling units, and thus not subject to rent stabilization. The landlord used a form rent-stabilization lease, and when it expired, commenced a residential holdover, on the grounds that the lease expired and that the premises were not subject to rent stabilization. The Appellate Term found (at 21, col 2) that " the use of rent stabilization forms or riders does not foreclose a claim, at the expiration of any given lease term, that the premises are exempt from or not subject to rent stabilization. Nor would the use of such instruments impose a contractual obligation to perpetuate a tenancy as stabilized where the statutory criteria for coverage are absent."