Rent-Stabilized Apartment Incorrectly Identified as Co-op Unit

June 24, 2019

LVT Number: #30188

Landlord sued to evict tenant and claimed that tenant's apartment wasn't rent stabilized because it was a cooperative unit. The court ruled against landlord and dismissed the case. Tenant showed that the apartment wasn't owned as a co-op and wasn't part of landlord's conversion plan from Mitchell-Lama housing to a market rate co-op. Landlord's plan didn't show shares allocated to tenant's apartment before the dissolution or after the conversion. And the plan didn't reserve the right to allocate shares in the future.

Landlord sued to evict tenant and claimed that tenant's apartment wasn't rent stabilized because it was a cooperative unit. The court ruled against landlord and dismissed the case. Tenant showed that the apartment wasn't owned as a co-op and wasn't part of landlord's conversion plan from Mitchell-Lama housing to a market rate co-op. Landlord's plan didn't show shares allocated to tenant's apartment before the dissolution or after the conversion. And the plan didn't reserve the right to allocate shares in the future. There was no conversion of tenant's unit to co-op status.

Harway Terrace Inc. v. Petropiento: Index No. 62091/18, NYLJ No. 1557737567 (Civ. Ct. Kings; 4/26/19; Gonzales, J)

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