Enforcing Agreement to Rent to Nonprimary Resident

Q An applicant wants to rent one of my rent-stabilized apartments, but says that he won't be using the apartment as his primary residence. He is willing to agree in writing to rent the apartment as a nonprimary resident and therefore be exempt from rent stabilization, paying a rent that is above the legal regulated amount. If we both sign this agreement, will a court enforce it if the tenant later reneges and claims to be rent stabilized?

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