Lease Expiration Insufficient Reason to Evict HDFC Tenant

July 31, 2007

LVT Number: #19767

Landlord of a nonprofit housing cooperative building sued to evict tenant after tenant's lease expired. Landlord claimed that this was reason enough to seek tenant's eviction since tenant wasn't rent stabilized. Tenant claimed that landlord's petition was defective and asked the court to dismiss the case. The court ruled for tenant. Since the government was involved in the building's formation, ownership, or management, tenant can't be evicted without a showing of good cause other than the expiration of his lease.

Landlord of a nonprofit housing cooperative building sued to evict tenant after tenant's lease expired. Landlord claimed that this was reason enough to seek tenant's eviction since tenant wasn't rent stabilized. Tenant claimed that landlord's petition was defective and asked the court to dismiss the case. The court ruled for tenant. Since the government was involved in the building's formation, ownership, or management, tenant can't be evicted without a showing of good cause other than the expiration of his lease. Landlord also didn't send any tenancy termination notice to tenant before starting the court proceeding.

705-7 East 179th Street HDFC v. Aguirre: NYLJ, 7/19/07, p. 23, col. 3 (Civ. Ct. NY; Villella, J)

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