The deed which was conveyed indicates that it is "(a) subject to provisions of all laws, codes, statutes * * * (e) rights of tenants in possession * * *. [Petitioner may not lease] without permission of the City.”
The closest section in the plan accepted by the Attorney-General dealing with evictions of tenants, applicable to nonoccupant purchasers, states, "A non-occupant purchaser will have all the obligations and responsibilities of all other tenant co-operators, and all the obligations and responsibilities as a landlord under Rent Control or Rent Stabilization, including paying the full maintenance charges and any special assessments, performing all necessary maintenance, repairs and replacements in the apartment, and ensuring the full services are provided to the tenant in occupancy.”
In this matter petitioner issued a lease to respondent indicating that the apartment was registered and rent stabilized. The lease, under the General Obligations Law, could have contained a provision allowing its termination no less than three years from the date the plan was accepted (Rent Stabilization Code § 2522.5 [h]) upon 90 days’ notice. The petitioner chose not to insert this language into the lease. Now, seven years after first issuing a lease to respondent, petitioner insists that respondent is not a rent-stabilized tenant. Such a position is contrary to actions of the petitioner in issuing the 1982 lease and the provision of the plan dealing with nonoccupant purchasers that impose rent stabilization requirements. The actions of the petitioner, together with the accepted plan lacking any provision authorizing cancellation of the lease, estops the petitioner from asserting that the respondent is not rent stabilized.