Landlord Can Seek Nonpurchasing Tenant's Eviction

July 31, 1997

LVT Number: 11665

Landlord sued to evict tenant for nonprimary residence. Tenant was rent-stabilized in a building that had undergone cooperative conversion. Landlord was the cooperative sponsor and holder of shares to tenant's apartment. Tenant didn't buy the apartment during the conversion. Tenant claimed that General Business Law provisions governing co-op conversions barred landlord from bringing the nonprimary residence proceeding and asked the court to dismiss the case. The court ruled against tenant.

Landlord sued to evict tenant for nonprimary residence. Tenant was rent-stabilized in a building that had undergone cooperative conversion. Landlord was the cooperative sponsor and holder of shares to tenant's apartment. Tenant didn't buy the apartment during the conversion. Tenant claimed that General Business Law provisions governing co-op conversions barred landlord from bringing the nonprimary residence proceeding and asked the court to dismiss the case. The court ruled against tenant. The co-op conversion didn't specifically bar nonprimary residence proceedings and a number of prior court decisions had already ruled that this wasn't the intent of the law.

West End Assocs. v. Lasky: NYLJ, p. 23, col. 3 (7/23/97) (Civ. Ct. NY; Mills, J)

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