Tenant of Converted Co-op Apartment Not Subject to ETPA

Landlord shareholder sued to evict month-to-month tenant of White Plains co-op apartment. Tenant claimed that she was subject to ETPA coverage and asked the court to refer that question to the DHCR. The court ruled against tenant, who appealed and lost. In 1987, landlord signed a contract to sell his apartment shares to tenant, subject to the co-op corporation’s approval. He also signed an occupancy agreement with tenant, pending the sale. The co-op corporation didn’t approve the sale. Tenant sued them in federal court. That case ended in the co-op’s favor in 1993, and tenant then became a month-to-month tenant. There was no reason to refer the case to the DHCR. In 1992, the City of White Plains passed a law removing owner-occupied cooperative apartments from ETPA regulation. The apartment was exempt from rent stabilization under the law.

McFadden v. Sassower: NYLJ, 3/17/10, p. 36, col. 2 (App. T. 2 Dept.; Nicolai, PJ, Molia, Iannacci, JJ)