Co-op Can Evict Shareholder Tenant for Nuisance

December 15, 2015

LVT Number: #26664

Landlord cooperative corporation sued to evict shareholder tenants based on objectionable conduct. The court ruled for landlord. Tenant appealed and lost. Landlord co-op was entitled to terminate the proprietary lease under the business judgment rule. Landlord presented proof of 56 separate acts by tenants, including threats of violence, verbal abuse, sexually derogatory remarks, and false claims of criminal conduct against staff members and other shareholders.

Landlord cooperative corporation sued to evict shareholder tenants based on objectionable conduct. The court ruled for landlord. Tenant appealed and lost. Landlord co-op was entitled to terminate the proprietary lease under the business judgment rule. Landlord presented proof of 56 separate acts by tenants, including threats of violence, verbal abuse, sexually derogatory remarks, and false claims of criminal conduct against staff members and other shareholders. Landlord followed its own required procedures before starting the case and acted within the scope of its authority and in good faith to further the legitimate interests of the co-op.

 

 

 
Lincoln Guild Housing Corp. v. Ovadiah: 2015 NY Slip Op 51691(U), 2015 WL 7471741 (App. T. 1 Dept.; 11/24/15; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

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