Landlord Can't Remove Tenants' Association from Community Room

Landlord cooperative corporation sued to eject tenants' association from the community room of a rent-stabilized building. Tenants asked the court to dismiss the case while landlord asked the court to compel arbitration. The court ruled for tenants and against landlord. Landlord appealed and lost. The appeals court ruled that the tenants' association had no duty to arbitrate because it hadn't breached its agreement with landlord regarding use of the community room, even though the parties had failed to negotiate a new agreement before the existing agreement expired. The agreement stated that landlord wouldn't interfere with the tenant association's use of the community room and was silent as to any consequences resulting from the parties' failure to arrange a meeting to draft a new agreement five-and-a-half years after signing the first one.

Hyde Park Owners Corp. v. Kew Gardens Tenants League: 987 N.Y.S.2d 399, 2014 NY Slip Op 03980 (App. Div. 2 Dept.; 6/4/14; Dillon, JP, Dickerson, Cohen, Hinds-Radix, JJ)