Landlord Can Evict Corporate Tenant for Nonprimary Residence

August 17, 2014

LVT Number: #25703

Landlord sued to evict a not-for-profit corporation from a rent-stabilized apartment based on nonprimary residence. Tenant asked the court to dismiss the case. Tenant argued that landlord knew that its purpose was to provide housing to persons in need of its services and that no corporate officer would occupy the apartment. The court ruled for landlord. "Persons in need of its services" was too vague a description to designate an individual as an apartment occupant who could claim primary resident status under the corporate lease.

Landlord sued to evict a not-for-profit corporation from a rent-stabilized apartment based on nonprimary residence. Tenant asked the court to dismiss the case. Tenant argued that landlord knew that its purpose was to provide housing to persons in need of its services and that no corporate officer would occupy the apartment. The court ruled for landlord. "Persons in need of its services" was too vague a description to designate an individual as an apartment occupant who could claim primary resident status under the corporate lease. Tenant's leases also failed to designate any individual or individuals as occupant.

2976 Marion LLC v. University Consultation Center: Index No. 007112/2014, NYLJ No. 1202663929318 (Civ. Ct. Bronx; 6/11/14; Vargas, J)

Topics

More like this