Landlord Can Seek Eviction of Nonpurchasing HDFC Tenants

July 31, 2009

LVT Number: #22063

Landlord, a housing development fund corporation, sued to evict tenants of four apartments who failed to buy their units after the building was converted to cooperative ownership under an eviction plan. The housing court ruled against landlord and dismissed the case. Landlord appealed and won. Since landlord based its case on grounds other than the mere expiration of tenants’ leases, dismissal of the case without a trial was improper. Landlord’s delay in starting the eviction cases also didn’t bar it from proceeding.

Landlord, a housing development fund corporation, sued to evict tenants of four apartments who failed to buy their units after the building was converted to cooperative ownership under an eviction plan. The housing court ruled against landlord and dismissed the case. Landlord appealed and won. Since landlord based its case on grounds other than the mere expiration of tenants’ leases, dismissal of the case without a trial was improper. Landlord’s delay in starting the eviction cases also didn’t bar it from proceeding.

80 St. Nicholas Ave. HDFC v. Lewis: NYLJ, 7/17/09, p. 36, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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