Landlord Didn't Prove Ownership of Building

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed that landlord didn't own the building when his tenancy was terminated, and asked the court to dismiss the case. The court ruled for tenant. Prior landlord owned the building when it sent tenant a lease nonrenewal notice. The notice stated that landlord was buying the building and needed tenant's apartment for his own use. But on the date tenant's lease ended, prior landlord sold the building to Eastern Parkview Corp., new landlord's corporation. Landlord later transferred the building to himself as an individual. But landlord didn't own the building when tenant's right to a renewal lease took effect. And only individual landlords can sue to evict for owner occupancy. So landlord wasn't entitled to evict tenant.

Morgan v. Giragossian: NYLJ, 6/21/05, p. 18, col. 1 (Civ. Ct. NY; Cavallo, J)