Landlord Co-op Can Evict Shareholder Tenant for Objectionable Conduct

March 24, 2020

LVT Number: #30712

Landlord, a cooperative housing corp., sued to evict shareholder tenant for objectionable conduct. After 20 years of nuisance behavior and repeated written notices, landlord's board of directors held a special meeting and voted unanimously to terminate shareholder's proprietary lease. Landlord asked the court to rule without trial. The court ruled for landlord. Applying the business judgment rule, the court deferred to landlord's decision to terminate the co-op shareholder's tenancy.

Landlord, a cooperative housing corp., sued to evict shareholder tenant for objectionable conduct. After 20 years of nuisance behavior and repeated written notices, landlord's board of directors held a special meeting and voted unanimously to terminate shareholder's proprietary lease. Landlord asked the court to rule without trial. The court ruled for landlord. Applying the business judgment rule, the court deferred to landlord's decision to terminate the co-op shareholder's tenancy. Landlord showed that the decision was authorized, made in good faith, and in furtherance of the co-op's legitimate interests.

Surfair Equities, Inc. v. Marin: 2020 NY Slip Op 50111(U), NYLJ No. 158103201 (Civ. Ct. Queens; 1/15/20; Paley, J)

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