Lessee of Apartments in Deconverted Building Can't Sublet

April 1, 2003

LVT Number: 16487

Proprietary lessee of 20 apartments in a co-op building sued landlord cooperative corporation after the building was deconverted from co-op status and reinstated as a rent-stabilized building. Lessee asked the court to declare that he was entitled to lease the apartments and to sublet them. The court ruled against lessee. Lessee appealed and lost. Because of a mortgage foreclosure on the building, it reverted to rent stabilization. Since lessee never occupied any of the apartments he owned as a primary residence, he wasn't entitled to possession of any of the units or to sublet them.

Proprietary lessee of 20 apartments in a co-op building sued landlord cooperative corporation after the building was deconverted from co-op status and reinstated as a rent-stabilized building. Lessee asked the court to declare that he was entitled to lease the apartments and to sublet them. The court ruled against lessee. Lessee appealed and lost. Because of a mortgage foreclosure on the building, it reverted to rent stabilization. Since lessee never occupied any of the apartments he owned as a primary residence, he wasn't entitled to possession of any of the units or to sublet them.

Chassen v. Chatsworth LLC: NYLJ, 3/13/03, p. 19, col. 5 (App. Div.1 Dept.; Nardelli, JP, Buckley, Rosenberger, Marlow, JJ)

Topics

More like this