Nonprofit Landlord Wants to Convert Apartment to Nonresidential Use

(Decision submitted by David M. Berger of the Brooklyn law firm of Tenenbaum & Berger LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant after refusing to renew tenant's lease. Landlord claimed that it needed tenant's apartment for its nonresidential use in connection with its charitable or educational purposes. Tenant asked the court to dismiss the case without a trial. Tenant claimed that because he had lived in the apartment since before July 1, 1978, landlord couldn't evict him on this ground. The court ruled against tenant. The Rent Stabilization Code imposes no such time limit when nonprofit landlord seeks to recover an apartment for nonresidential use. Tenant also argued that landlord couldn't evict him because he had lived in the apartment since before landlord bought the building. Again, there's no such limit on recovering the apartment for nonresidential use. However, a trial was needed to decide whether landlord was seeking tenant's apartment in good faith.

Mesivta & Yeshiva Gedolah of Manhattan Beach v. Hall: L&T Index No. 51624/05 (Civ. Ct. Kings 10/11/05; Pinckney, J) [7-pg. doc.]