Tenant Switched to Larger Apartment in Co-op Building

Facts: In 1978, tenant moved into a rent-stabilized basement apartment. The building then converted to cooperative ownership. In 1990, tenant moved into a larger apartment on a higher floor. When the lease for that apartment expired, landlord sued to evict tenant. Tenant then sued landlord in Supreme Court. She asked the Court for a ruling on whether she was still rent stabilized. Tenant claimed that she moved out of the basement apartment because it was illegal and that she retained her rent stabilization status. Court: Tenant wins. Tenant was a nonpurchasing tenant under the building's co-op conversion plan and was entitled to remain as a rent-stabilized tenant in that apartment. Tenant was never told that by signing the lease for the larger apartment she would be giving up her rights as a rent-stabilized tenant.

Fuentes v. Morningside Twin Co.: NYLJ, 4/12/00, p. 29, col. 2 (Sup. Ct. NY; Schlesinger, J)