New Landlord Can Seek Eviction of Prior Building Owners

Landlord sued to evict prior building owners, who remained in the building after it was sold. Prior owners asked the court to dismiss the case without a trial. They claimed that there were no grounds for eviction under Real Property Actions and Proceedings Law Section 713 because there was no landlord-tenant relationship. They also claimed that the building had been fraudulently transferred. The court ruled against prior owners. RPAPL Section 713(8) permits commencement of an eviction proceeding against a building owner who remains in possession without new landlord’s permission after voluntary transfer of title to the property. And although prior owners claimed fraudulent transfer, another court had already ruled that the building was properly transferred from prior owners to IPE Asset Management LLC, who then transferred the building to new landlord.

Mariano v. Krautman: NYLJ, 7/14/10, p. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)