Tenant in Sponsor-Owned Co-op Apartment Not Protected from Eviction

May 31, 1999

LVT Number: 13250

Landlord, a cooperative conversion sponsor, owned unsold shares of the apartment. Some years after getting the apartment, landlord sublet it to tenant. Landlord sued to evict tenant when the sublease expired. Tenant claimed he was entitled to a renewal lease under the co-op conversion law. Tenant relied on another case, Paikoff v. Harris, in which a Kings County court had ruled for the tenant in similar circumstances. The court disagreed with the Paikoff decision and ruled against tenant. The law defined a ''purchaser under the plan'' as one who owns the co-op shares.

Landlord, a cooperative conversion sponsor, owned unsold shares of the apartment. Some years after getting the apartment, landlord sublet it to tenant. Landlord sued to evict tenant when the sublease expired. Tenant claimed he was entitled to a renewal lease under the co-op conversion law. Tenant relied on another case, Paikoff v. Harris, in which a Kings County court had ruled for the tenant in similar circumstances. The court disagreed with the Paikoff decision and ruled against tenant. The law defined a ''purchaser under the plan'' as one who owns the co-op shares. So the sponsor was the purchaser. Tenant, who subleased the apartment from the sponsor-purchaser wasn't a ''nonpurchasing tenant'' protected from eviction under the co-op conversion law.

Pembroke Square Assocs. v. Coppola: NYLJ, p. 32, col. 6 (5/5/99) (Civ. Ct. Queens; Franke, J)

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