Apartment Rented by Not-for-Profit Organization
LVT Number: 13212
Landlord sued to evict tenant for nonprimary residence. Tenant was a not-for-profit organization that provided assistance to people with disabilities. Tenant's lease didn't designate any particular individual to live in the apartment. The lease stated that the apartment would be used for residential purposes by staff, trainees, or other persons associated with tenant. One of the people that tenant provided assistance to lived in the apartment. The court ruled for landlord. Tenant wasn't subject to rent stabilization since it was a corporation. And tenant's lease didn't call for subletting the apartment to a particular individual who might be permitted to renew under rent stabilization as a primary resident of the apartment. The lease permitted occupancy by a broad class of people, including tenant's employees.
416 W. 47th St. Assocs., Ltd. v. Fountain House, Inc.: 684 NYS2d 813 (9/18/98) (Civ. Ct. NY; Elsner, J)