Lease Named Corporate Tenant

April 30, 2003

LVT Number: 16526

Landlord sued to evict corporate tenant from rent-stabilized apartment based on nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Although only one corporate occupant and his family had lived in the apartment for 20 years, the lease didn't state that the apartment was to be used for a specific individual. And even though the corporate occupant originally lived in the apartment under a rent-stabilized lease in his own name, there was no proof that landlord made tenant change the lease to the corporate name.

Landlord sued to evict corporate tenant from rent-stabilized apartment based on nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Although only one corporate occupant and his family had lived in the apartment for 20 years, the lease didn't state that the apartment was to be used for a specific individual. And even though the corporate occupant originally lived in the apartment under a rent-stabilized lease in his own name, there was no proof that landlord made tenant change the lease to the corporate name. A corporation can't have a primary residence under rent stabilization.

501 East 87th St. Realty Company, LLC v. Ole Pa Enterprises, Inc.: NYLJ, 4/3/03, p. 19, col. 2 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Andrias, Rosenberger, Williams, JJ)

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