Co-op Waited Too Long to Enforce Cohabitation Provision

Landlord cooperative corporation sued to evict tenant shareholders. Landlord claimed that tenants violated their proprietary lease by permitting their children to live in the apartment while not residing with them. The court ruled against landlord. Tenants claimed that they bought the apartment for their children with landlord’s knowledge and that they never lived there. Tenants pointed out that their 1994 proprietary lease never required cohabitation. And, while a 1997 amendment to the proprietary lease did add this requirement, landlord never enforced it. The court found that landlord’s action was untimely. Landlord didn’t start the action to enforce the cohabitation rule until 17 years after amending the proprietary lease. So landlord’s claim was barred by the six-year time limit on claims based on breach of contract.

860 Fifth Avenue Corp. v. Ender: Index No. L&T53374/2014, NYLJ No. 1202727375453 (Civ. Ct. NY; 5/15/15; Wendt, J)