Owner of Cooperative Apartment Can't Get Apartment for Own Use

March 1, 1997

LVT Number: 11301

Landlord (the owner of a cooperative apartment) sued to evict nonpurchasing rent-stabilized tenant to recover apartment for owner occupancy. The court ruled against landlord. Landlord appealed and lost. The General Business Law provisions on cooperative conversions bar eviction of non-purchasing tenants for owner use under a ``non-eviction'' plan. The building's cooperative offering plan also gave that tenant the right to remain in the apartment.

Landlord (the owner of a cooperative apartment) sued to evict nonpurchasing rent-stabilized tenant to recover apartment for owner occupancy. The court ruled against landlord. Landlord appealed and lost. The General Business Law provisions on cooperative conversions bar eviction of non-purchasing tenants for owner use under a ``non-eviction'' plan. The building's cooperative offering plan also gave that tenant the right to remain in the apartment.

Weil v. Calhoun: NYLJ, p. 25, col. 4 (2/25/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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