Rent-Controlled Tenant Seeks Restoration to Apartment

Rent-controlled tenant sued landlord, seeking to be restored to her apartment. She said that she moved out due to landlord's harassment and landlord's claim that it was demolishing the building. Tenant filed a notice of pendency with the city, making her claim a public record. Landlord asked the court to dismiss tenant's claim without a trial and to cancel the notice of pendency. The court and appeals court ruled against landlord. Landlord presented no proof that it sought a certificate of eviction from the DHCR before deciding to demolish the building. And evidence that landlord harassed tenant raised questions as to whether demolition was needed. A trial was required to determine the facts. Since tenant claimed that she had a right to move back into the apartment, this affected the property, and her notice of pendency was properly filed.

Lawlor v. 543 Second Avenue LLC: 49 A.D.3d 449, 854 N.Y.S.2d 125 (3/25/08) (App. Div. 1 Dept.; Tom, JP, Andrias, Nardelli, Sweeny, JJ)