Landlord Can Seek Eviction of Tenant in Former Co-op

September 30, 2001

LVT Number: 15305

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant claimed that owner occupancy eviction wasn't available for his apartment because he was a nonpurchasing tenant in a cooperative conversion. Tenant asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. The building was no longer a co-op. There had been a foreclosure on the co-op's mortgage, and the building was sold to individual landlord.

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant claimed that owner occupancy eviction wasn't available for his apartment because he was a nonpurchasing tenant in a cooperative conversion. Tenant asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. The building was no longer a co-op. There had been a foreclosure on the co-op's mortgage, and the building was sold to individual landlord. When a formerly co-op building is converted back to rent stabilization, owner occupancy provisions of the Rent Stabilization Code again apply.

Crosby v. Hucko: NYLJ, 9/20/01, p. 19, col. 4 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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