One Third of Tenants Request Article 7A Administrator

August 24, 2018

LVT Number: #28601

Tenant asked the court to appoint an Article 7A administrator to manage landlord's building. Landlord claimed that tenant didn't have the required participation of one third of building tenants to make this request. The court denied landlord's request to dismiss the case. Landlord claimed that there were five apartments in the building. But only three were occupied. And landlord's employee, who lived in one apartment without paying rent, didn't count as a tenant in occupancy for purposes of counting how many tenants were in the building.

Tenant asked the court to appoint an Article 7A administrator to manage landlord's building. Landlord claimed that tenant didn't have the required participation of one third of building tenants to make this request. The court denied landlord's request to dismiss the case. Landlord claimed that there were five apartments in the building. But only three were occupied. And landlord's employee, who lived in one apartment without paying rent, didn't count as a tenant in occupancy for purposes of counting how many tenants were in the building. Tenant met the one-third requirement.

Matter of Tejada: Index No. HP201/2018, NYLJ No. 1531120565 (Civ. Ct. Kings; 6/29/18; Kuzniewski, J)

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