Tenant Moved Within Building at Landlord's Request

January 20, 2015

LVT Number: #25901

Landlord of cooperatively owned apartment sued to evict tenant, who claimed that she was rent stabilized. The court ruled for tenant without a trial. Landlord appealed and lost. After the building was converted to a co-op through a non-eviction plan, rent-stabilized tenant agreed, at landlord's request, to move from Apartment 8E to Apartment 9I so that prior landlord could combine Apartments 8E and 8F for sale as one unit. Tenant's rent-stabilized status therefore transferred from Apartment 8E to Apartment 9I.

Landlord of cooperatively owned apartment sued to evict tenant, who claimed that she was rent stabilized. The court ruled for tenant without a trial. Landlord appealed and lost. After the building was converted to a co-op through a non-eviction plan, rent-stabilized tenant agreed, at landlord's request, to move from Apartment 8E to Apartment 9I so that prior landlord could combine Apartments 8E and 8F for sale as one unit. Tenant's rent-stabilized status therefore transferred from Apartment 8E to Apartment 9I.

91 Real Estate Associates LLC v. Eskin: 2014 NY Slip Op 24366, 2014 WL 6755688 (App. T. 1 Dept.; 12/1/14; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

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