Landlord Can Terminate Co-op Tenant's Rental of Parking Space

May 27, 2018

LVT Number: #28402

Landlord cooperative corporation sued to evict co-op shareholder tenant from a parking space that tenant rented from landlord on a month-to-month basis, after sending tenant a 30-day termination notice. Tenant claimed that she'd rented the parking space for 25 years, that she was disabled, and that the eviction was retaliatory. The court ruled for landlord. Tenant previously had a lease for the parking space, but this expired in 2015 and landlord wasn't required to renew the parking lease because tenant was a shareholder.

Landlord cooperative corporation sued to evict co-op shareholder tenant from a parking space that tenant rented from landlord on a month-to-month basis, after sending tenant a 30-day termination notice. Tenant claimed that she'd rented the parking space for 25 years, that she was disabled, and that the eviction was retaliatory. The court ruled for landlord. Tenant previously had a lease for the parking space, but this expired in 2015 and landlord wasn't required to renew the parking lease because tenant was a shareholder. Landlord properly sent a 30-day termination notice under Real Property Law Section 232. Tenant's disability also didn't require landlord to renew her parking tenancy. There also was no proof of retaliatory eviction.

New York Teachers Housing Corp. v. Perez: 59 Misc.3d 1223(A), 2018 NY Slip Op 50667(U) (Civ. Ct. Bronx; 4/9/18; Gomez, J)

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