Tenant Moved in Before School Bought Building

Landlord School of Visual Arts sued to evict rent-stabilized tenant. Landlord claimed it needed tenant's apartment for use as dormitory space in connection with its educational purpose. The court ruled against landlord and dismissed the case without trial. Landlord bought the building in 1990. Tenant had lived in the building since 1977. Under the Rent Stabilization Code, landlord can't recover an apartment for its not-for-profit use when tenant lived in the building before landlord bought it. Also, it didn't matter that the DHCR had dismissed tenant's prior complaint that landlord didn't renew his lease. The DHCR stated in its order that landlord could bring an eviction action but that if tenant won, landlord had to offer him the option of a one- or two-year renewal lease.

School of Visual Arts v. Wyss: NYLJ, p. 27, col. 1 (7/5/95) (Civ. Ct. NY; Braun, J)