Tenant Became Part Owner

January 1, 1996

LVT Number: 10279

Facts: Landlord sued to evict tenant after tenant inherited a partial ownership in building. Tenant was 86 years old and had lived in the building since 1945. She had been rent-controlled. Landlord now claimed she was exempt. Court: Landlord loses. Tenant lived in the apartment continuously for 50 years, even after she became part owner. She never rented the apartment to anyone else after April 1, 1953, so the apartment wasn't subject to owner-occupancy decontrol under the rent control regulations. Tenant has paid rent to landlord throughout her tenancy.

Facts: Landlord sued to evict tenant after tenant inherited a partial ownership in building. Tenant was 86 years old and had lived in the building since 1945. She had been rent-controlled. Landlord now claimed she was exempt. Court: Landlord loses. Tenant lived in the apartment continuously for 50 years, even after she became part owner. She never rented the apartment to anyone else after April 1, 1953, so the apartment wasn't subject to owner-occupancy decontrol under the rent control regulations. Tenant has paid rent to landlord throughout her tenancy. Tenant remains subject to rent control.

Parisi v. DeSarlo: NYLJ, p. 38, col. 2 (12/6/95) (Civ. Ct. Kings; Callender, J)

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