Non-Purchasing Tenant in Nonprofit Co-op Remains Rent Stabilized

Landlord cooperative corporation sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized. The court ruled for tenant after trial and dismissed the case. Tenant had lived in the building for almost 30 years, since before the building converted to a co-op. The building was converted under a non-eviction plan. Tenant had signed rent-stabilized renewal leases in the past, and the apartment was registered as rent stabilized between 2003 and 2010. Landlord argued that, because the building was a low-income co-op it was operated for charitable purposes on a nonprofit basis and tenant's apartment was exempt from rent stabilization. But the co-op conversion plan for the building specifically stated that nonpurchasing tenants would remain subject to rent stabilization. So the charitable purpose exemption from rent stabilization didn't apply in this case.

375 New York HDFC v. Jones: 47 Misc.3d 1206(A), 2015 NY Slip Op 50452(U) (Civ. Ct. NY; 4/2/15; Kraus, J)