Co-op Can Evict Month-to-Month Tenant

March 8, 2013

LVT Number: #24644

Landlord housing development fund corporation sued to evict month-to-month tenant after delivering a 30-day termination notice. Tenant claimed that he was entitled to occupy the apartment. The court ruled for landlord. Tenant appealed and lost. Tenant had no enforceable possessory interest in the apartment. He moved in after the building was converted to cooperative ownership, he neither purchased the shares nor signed a proprietary lease, and the rental agreement he signed in connection with a prior eviction proceeding had long since expired.

Landlord housing development fund corporation sued to evict month-to-month tenant after delivering a 30-day termination notice. Tenant claimed that he was entitled to occupy the apartment. The court ruled for landlord. Tenant appealed and lost. Tenant had no enforceable possessory interest in the apartment. He moved in after the building was converted to cooperative ownership, he neither purchased the shares nor signed a proprietary lease, and the rental agreement he signed in connection with a prior eviction proceeding had long since expired. Tenant also hadn't paid any rent since February 2010.

450-454 West 152nd Street HDFC: 38 Misc.3d 141(A), 2013 NY Slip Op 50225(U) (App. T. 1 Dept.; 2/6/13; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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