Apartment Rented to Corporate Tenant

(Decision submitted by Edward Baer of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord sued to evict corporate tenant of two adjacent rent-stabilized apartments for nonprimary residence. Tenant claimed the apartments were rented as the primary residence of its employee, Reverend Jenne, and the employee's family. The court and appeals court ruled against landlord. Landlord appealed and won. The lease for the apartments was held in the corporate name of tenant's religious foundation. Landlord properly delivered to the tenant the notice that its lease wouldn't be renewed because the corporation didn't occupy the apartments as its primary residence. Tenant's lease didn't designate any individuals, or even a class of individuals, who were to live in the apartments. Under rent stabilization, only a person designated on a lease is entitled to a lease renewal.

Avon Bard Co. v. Aquarian Foundation: NYLJ, p. 27, col. 3 (4/15/99) (App. Div. 1 Dept.; Rosenberger, JP, Nardelli, Wallach, Rubin, JJ)