Co-op Board Can Evict Shareholder Tenant for Creating Excessive Noise

December 20, 2017

LVT Number: #28109

Landlord sued to evict co-op tenant shareholder for failing to cure proprietary lease violations by making or allowing disturbing or unreasonable noises in the building that interfered with the rights and comfort of other building residents. Although tenant denied the claims, landlord asked the court to rule in its favor without a trial because the co-op board relied on the business judgment rule in making its decision. The court ruled for landlord. The co-op board acted within the scope of its authority and its decision was made in good faith.

Landlord sued to evict co-op tenant shareholder for failing to cure proprietary lease violations by making or allowing disturbing or unreasonable noises in the building that interfered with the rights and comfort of other building residents. Although tenant denied the claims, landlord asked the court to rule in its favor without a trial because the co-op board relied on the business judgment rule in making its decision. The court ruled for landlord. The co-op board acted within the scope of its authority and its decision was made in good faith. Landlord acted for the purpose of the cooperative as a whole, and the court must defer to its decision to terminate tenant's proprietary lease.

Fleetwood Commons Inc. v. Fredericks: Index No. 1712/17, NYLJ No. 1511344143 (City Ct. Westchester; 11/16/17; Seiden, J)

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