Co-op Board Can Evict Shareholder Tenant Based on Objectionable Conduct

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's objectionable conduct, which violated tenant's proprietary lease. Tenant had refused to move out after landlord's board of directors voted to terminate his proprietary lease in early 2019. Landlord asked the court to decide the case without trial. Tenant asked the court to dismiss the case.

The court ruled for landlord. The co-op's decision to terminate tenant's proprietary lease was authorized, made in good faith, and in furtherance of the co-op's legitimate interests. So, applying the business judgment rule, the court must defer to the good faith decision of the co-op board. Landlord showed that other residents had complained about tenant in writing for over 20 years, and tenant had decided to ignore landlord's notices and not to attend a special meeting where the board voted to terminate the tenancy. Complaints alleged that tenant repeatedly banged and knocked on the floors, walls, and ceilings of his apartment at all hours of the day and night, violently pounded and kicked the doors of other apartments, continuously buzzed and banged on the door of one apartment, spoke to other building residents in an abusive, threatening and rude manner, played his radio and television very loudly at all hours, and damaged the door and door frame of another apartment by beating it with a baseball bat. The court granted a stay of the eviction warrant until June 30, 2020, so that tenant's co-op shares could be sold and he could find another place to live. 

Surfair Equities v. Marin: Index No. LYT56048/19, 2020 NY Slip Op 50111(U) (Civ. Ct. Queens; 1/15/20; Poley, J)