Landlord Can Seek Tenant's Eviction After Co-op Status Ends

August 31, 2000

LVT Number: 14368

Facts: Tenant moved into a rent-stabilized building in 1974. The building then converted to a noneviction cooperative. Tenant didn't buy her apartment. The co-op later went into foreclosure, and the building reverted to rent stabilization. New landlord sued to evict tenant to recover the apartment for owner occupancy. Tenant claimed that, under the Martin Act, she was protected from eviction as a nonpurchasing co-op tenant. Tenant claimed also that she was rent-controlled. Court: Tenant loses. Once the building's co-op status ended, any additional Martin Act protections didn't apply.

Facts: Tenant moved into a rent-stabilized building in 1974. The building then converted to a noneviction cooperative. Tenant didn't buy her apartment. The co-op later went into foreclosure, and the building reverted to rent stabilization. New landlord sued to evict tenant to recover the apartment for owner occupancy. Tenant claimed that, under the Martin Act, she was protected from eviction as a nonpurchasing co-op tenant. Tenant claimed also that she was rent-controlled. Court: Tenant loses. Once the building's co-op status ended, any additional Martin Act protections didn't apply. And, since tenant didn't move in until October 1974, she was clearly rent-stabilized and not rent-controlled.

Crosby v. Hucko: NYLJ, 8/23/00, p. 23, col. 2 (Civ. Ct. NY; Wendt, J)

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