Owner-Occupied Unit Exempt

May 31, 2000

LVT Number: 14182

Landlord of a condominium apartment sued to evict tenant. Tenant claimed that he was subject to ETPA coverage and was entitled to a renewal lease. The court ruled for tenant, and landlord appealed. The White Plains Common Council had passed a local law in 1992 that exempted from ETPA coverage owner-occupied condominium and cooperative units. Landlord never lived in the apartment, but prior landlord did after buying the apartment from the condo conversion sponsor. The appeals court ruled for landlord.

Landlord of a condominium apartment sued to evict tenant. Tenant claimed that he was subject to ETPA coverage and was entitled to a renewal lease. The court ruled for tenant, and landlord appealed. The White Plains Common Council had passed a local law in 1992 that exempted from ETPA coverage owner-occupied condominium and cooperative units. Landlord never lived in the apartment, but prior landlord did after buying the apartment from the condo conversion sponsor. The appeals court ruled for landlord. The local law in question defined owner-occupied apartments as ones that have been, are, or are intended to be, occupied by landlords. So landlord's apartment qualified.

Harding v. Engle: NYLJ, 5/15/00, p. 32, col. 4 (App. T.2 Dept.; DiPaola, PJ, Floyd, Palella, JJ)

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