Landlord Tries to Recover Building for Non-Profit Use

June 22, 2016

LVT Number: #27039

Landlord sued to evict tenants of entire building in order to use the building in connection with its charitable purposes. SRO tenant claimed that landlord’s termination notice was vague and conclusory, and that landlord’s papers failed to explain landlord’s charitable purpose of its intended use of the building.  The court granted tenant’s request for permission to conduct pretrial questioning. Landlord had net leased the building from the owner, which wasn't a non-profit entity.

Landlord sued to evict tenants of entire building in order to use the building in connection with its charitable purposes. SRO tenant claimed that landlord’s termination notice was vague and conclusory, and that landlord’s papers failed to explain landlord’s charitable purpose of its intended use of the building.  The court granted tenant’s request for permission to conduct pretrial questioning. Landlord had net leased the building from the owner, which wasn't a non-profit entity. There were questions of fact as to whether landlord was a qualifying institution that was entitled to recover rent-stabilized units for its own nonresidential use in connection with its charitable purposes.

 

 

 
Yashar Foundation Inc. v. Schwatzman: Index No. 85579/15, NYLJ No. 1202756589022 (Civ. Ct. NY; 4/12/16; Schreiber, J)

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