Landlord Can't Evict Nonprofit Under RSC Section 2520.11(f)

June 27, 2022

LVT Number: #32106

Landlord sued to evict a charitable non-for-profit organization that was a successor in interest to landlord's former month-to-month tenant, which was also a charitable not-for-profit. Landlord claimed that the apartment was exempt from rent regulation because it had been leased to a not-for-profit institution under Rent Stabilization Code (RSC) Section 2520.11(f). The court granted tenant's request to dismiss the case.

Landlord sued to evict a charitable non-for-profit organization that was a successor in interest to landlord's former month-to-month tenant, which was also a charitable not-for-profit. Landlord claimed that the apartment was exempt from rent regulation because it had been leased to a not-for-profit institution under Rent Stabilization Code (RSC) Section 2520.11(f). The court granted tenant's request to dismiss the case. RSC Section 2520.11(f) doesn't provide a permissible legal basis on which landlord, a for-profit company, could seek to evict a charitable not-for-profit organization. 

102 East 116 LLC v. ICL Inc.: Index No. L&T62620/19, NYLJ No. 1652772936 (Civ. Ct. NY; 5/5/22; Fang, J)

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