Landlord Can't Evict Rent-Stabilized Tenant

Landlord, who owned shares to a co-op apartment, sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed that she was rent stabilized. Landlord claimed that tenant hadn't signed a renewal lease since 2003, and, in any event, he needed the apartment for his personal use. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and won. Landlord relied on a prior court case ruling that prior landlord could evict tenant for failing to renew her rent-stabilized lease. But that decision was reversed on appeal. Tenant therefore was rent stabilized, and landlord's recourse, if any, was to terminate the tenancy for refusal to sign another renewal lease. Tenant claimed that she had lived in the apartment for over 30 years and had never refused to sign a renewal lease. Also, landlord can't claim a rent-stabilized apartment in a co-op building for personal use. Tenant's motion to dismiss the case was granted.

Neufville v. Walton-Steed: 30 Misc.3d 133(A) (App. T. 9 & 10 Jud Dist; 1/13/11; Nicolai, PJ, Tanenbaum, LaCava, JJ)