Former Rent-Stabilized Tenant of Foreclosed Apartment Can Be Evicted

(Decision submitted by Myron Altschuler of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Facts: Tenant and his wife lived in a rent-stabilized apartment in a building that converted to cooperative ownership. Tenant's wife purchased shares to the apartment in her name only. Wife later defaulted on the mortgage loan. After foreclosure, her apartment shares were sold to new proprietary lessees. These new tenants sued to evict husband and wife from apartment. Tenant husband claimed that he never gave up his status as rent-stabilized tenant and so they couldn't be evicted. Court: enants lose. Even if only husband's name was on last rent-stabilized lease, both husband and wife were tenants and apartment was purchased as a co-op. Tenants can't claim dual status. This would be inconsistent with rent stabilization law and cooperative conversion law.

Senft v. Halperin: NYLJ, p. 25, col. 5 (12/18/96) (Sup. Ct. NY; Saxe, J)