Rent-stabilized tenants, mother and daughter, moved into their apartment in 1971. During the 1980s the building was converted to co-op ownership under an eviction plan. Tenants didn’t buy their apartment, but were given conditional rights under the terms of the eviction plan to remain in possession until certain future dates. The terms permitted the mother to remain in the apartment for life since she was over 45 at the time. The daughter was under age 45 and therefore was permitted to remain in the apartment as a tenant until April 5, 2004. When the mother died in 2009, landlord terminated the daughter’s lease under the terms of the eviction plan and sued to evict her.
The court ruled for landlord without a trial. Tenant appealed and lost. By the time landlord started the eviction proceeding in 2009, tenant no longer had any right to remain in the apartment. The fact that landlord had issued rent-stabilized renewal leases or registered the apartment didn’t matter. The building was statutorily exempt from rent stabilization.
230 Central Park West Associates v. Jhirad: NYLJ, 8/23/11, p. 22, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)
