Building Wasn't Exempt

Landlord sued to evict tenant and claimed that tenant was exempt from rent stabilization. Tenant claimed he was rent-stabilized. The court ruled for tenant and landlord appealed. The appeals court ruled against landlord. Tenant moved into the building in 1971. At some point thereafter the city took over the building. The building was then managed by tenants through the Tenants Interim Lease program. It was later converted to not-for-profit housing. Normally this would exempt the building from rent stabilization, but the building's offering plan specifically stated that upon sale of the building, all nonpurchasing tenants would return to their rent-stabilized status and be offered rent-stabilized leases. So tenant was entitled to a rent-stabilized lease.

40 Downing Street Housing Development Fund Corp. v. Anderson: NYLJ, p. 28, col. 3 (4/3/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)