In 390 West End Associates v. Harel (298 AD2d 11 [1st Dept 2002]) the court emphasized the well recognized precept that an apartment cannot be deregulated by private contract (Id. at 15.) In that case, the landlord and tenant agreed to deregulate a rent stabilized apartment based on the tenant's acknowledgment that he was not using the premises as his primary residence (see Harel, 298 AD2d at 13). The court determined that such an agreement was offensive to public policy and untenable as it would "open the door to landlords and tenants privately agreeing to deregulate rent stabilized units, whether for their mutual advantage or plausibly at the landlord's behest, and to the indisputable diminution of the rent stabilization regime that has clearly benefitted New York City for so many decades" (Id. at 16-17).