Landlords Claim City Didn't End ETPA Coverage When Vacancy Rate Was More than 5 Percent

December 1, 2004

LVT Number: 17779

Landlords sued the City of Long Beach, claiming that the City didn't end ETPA coverage of their buildings when the vacancy rate became more than 5 percent in 1996. Landlords also sought damages from the City for loss of rents while the City continued ETPA coverage. The court ruled for landlords, and the City appealed. The appeals court ruled for the City in part. The housing emergency was over for the buildings in question. But landlords couldn't collect damages from the City. The ETPA was intended to protect tenants.

Landlords sued the City of Long Beach, claiming that the City didn't end ETPA coverage of their buildings when the vacancy rate became more than 5 percent in 1996. Landlords also sought damages from the City for loss of rents while the City continued ETPA coverage. The court ruled for landlords, and the City appealed. The appeals court ruled for the City in part. The housing emergency was over for the buildings in question. But landlords couldn't collect damages from the City. The ETPA was intended to protect tenants. So since landlords weren't protected under the law, permitting them to collect damages from the City wouldn't promote the law's intent.

Executive Towers at Lido, LLC v. City of Long Beach: NYLJ, 11/1/04, p. 31, col. 4 (App. Div. 2 Dept.; Altman, JP, Krausman, Crane, Cozier, JJ)

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