Tenant Remained Rent Stabilized After Co-op Conversion

July 15, 2016

LVT Number: #27071

Landlord sued to evict rent-stabilized tenant after the building converted to cooperative ownership. Tenant asked the court to dismiss the case. The trial court ruled for tenant, and granted tenant attorney’s fees in the amount of $31,000. Landlord appealed and lost. Documents filed by landlord with the state Attorney General’s office showed that landlord represented that the plan to convert the building to a co-op would be treated as a non-eviction plan, and that non-purchasing tenants would remain rent stabilized.

Landlord sued to evict rent-stabilized tenant after the building converted to cooperative ownership. Tenant asked the court to dismiss the case. The trial court ruled for tenant, and granted tenant attorney’s fees in the amount of $31,000. Landlord appealed and lost. Documents filed by landlord with the state Attorney General’s office showed that landlord represented that the plan to convert the building to a co-op would be treated as a non-eviction plan, and that non-purchasing tenants would remain rent stabilized. Tenant had lived in the building for 30 years before the conversion and remained rent stabilized. 

 

 

375 New York HDFC v. Jones: 52 Misc.3d 129(A), 2016 NY Slip Op 50936(U) (App. T. 1 Dept.; 6/17/16; Hunter Jr., JP, Schoenfeld, Shulman, JJ)

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